Arbitrase
Is It Possible to File for Bankruptcy on Debt Under the Contract Which Contains Arbitration Clause?
“Existence of arbitration clause shall not make the competency of commercial court to examine and adjudicate the petition for declaration of bankruptcy cease to exist.” The existence of choosing arbitration as a method of dispute resolution in a contract automatically makes the competency of district court in adjudicate the dispute arising in relation of aforesaid…
Read MoreQuestioning the Pros and Cons of Arbitration in Indonesia
Arbitration is now a quite popular method of alternative dispute resolution among businesses. The rule of arbitration in Indonesia are regulated in Law Number 30 Year 1999 on Arbitration and Alternative Dispute Resolution (hereinafter Arbitration Law). It is said in many literatures that the advantages of arbitration compared to judiciary are: Confidentiality of the matter…
Read MoreTwo Conditions to Be Met in Setting Aside an Agreement Through Arbitration
It is common to find arbitration clauses in construction, real estate, transportation, or other commercial agreements which mandate the concerned parties to use arbitration as a method of dispute resolution. This brings consequences if any party wishes to set aside the agreement, it cannot be submitted to the court, but rather to the arbitration. This…
Read More