SHIFT POSITION BETWEEN INTERNATIONAL ARBITRAL AWARD AND NATIONAL ARBITRAL AWARD

Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution (“Arbitration Law”) adheres to the territorial principle in determining whether an arbitration award is included in the national or international arbitration ruling. In Article 1 point 9 of the Arbitration Law, it has been determined as follows: “The Decision of international arbitration is the…

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HOW TO APPLY FOR ANNULMENT OF ARBITRATION AWARD

Annulment of the arbitration award as stipulated in Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution (“Arbitration Law“) is possible to be proposed by one of the parties of the case. Any party who would like to cancel the arbitration award, must submit the application before the district court. Although there is…

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ARE TORT CASES ABLE TO BE SOLVED THROUGH ARBITRATION ?

Basically, Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution (“Arbitration Law”) does not provide the limitation of the only tort cases that can be resolved through arbitration. So, in the event of a tort committed by one of the parties which were bound by a treaty binding, the dispute can certainly be…

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ARE THERE REMEDIES FOR ANNULMENT OF ARBITRATION DECISIONS?

An annulment request  of arbitration decision are commonplace,  filed by the losing party in the arbitration case. In some cases, the annulment request is to delay the execution of the arbitration award. The annulment request must definitely be filed on the basis of reasons which have been determined in limited way, as prescribed in Article…

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RARELY KNOWN ADVANTAGES OF ARBITRATION

Based on the experience in handling arbitration cases, the advantages cannot frequently be obtained when the dispute resolution is resolved before the general courts. Those advantages are: From the Perspective of Legal Events, Arbitration Proceedings are More Flexible, But Still  in  Corridor of Existing Law. Basically procedures for settling disputes through arbitration, use the civil…

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THREE KEY ROLES OF LAWYER IN CORPORATE LIQUIDATION

Naturally, business contains risk, either positive or negative. It would be positive risk if the company gains a lot of benefits. In contrary, it would be negative risk if the company goes bankrupt so that the company must be liquidated. Related to company liquidation process, there are 3 (three) key roles of lawyer that you…

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NOT ALL LABOR DISPUTES CAN BE SOLVED IN INDUSTRIAL RELATION COURT

Ideally, an industrial relation should be in harmony. Employer and employee must understand their duties and rights as commonly regulated in the employment agreement. An industrial relation will end into dispute if both parties do not respect to each other. When harmony turns into dispute, it could be settled before the court. However, it does…

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THIS IS WHY ARBITRATION BECOME POPULAR (PART II)

As business grows, the potential of conflict among business actors or institutions becomes escalate. To solve the conflict, the parties have many option of settlement forums, one of which is arbitration. Due to its lots of benefits, arbitration becomes popular and considered as the best way to solve commercial dispute. It has proven that arbitration…

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Pentingnya Laporan Pemeriksaan Segi Hukum [LDD] Dalam Transaksi Bisnis

Jangan biarkan investasi, kerjasama bisnis dan penyertaan modal Anda sia-sia karena tidak mengetahui resiko hukum yang mungkin timbul dari Perusahaan Target atau Unit Bisnis Target. Mitigasi resiko sejak dini merupakan langkah wajib bagi Investor sebelum masuk kedalam transaksi korporasi secara menyeluruh. BAGAIMANA CARANYA? TEMUKAN JAWABAN LENGKAPNYA DI LEGAL WORKSHOP INI: ? PENTINGNYA LAPORAN PEMERIKSAAN SEGI…

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Kupas Tuntas Melek Hukum Dan Upaya Menghindari Kejahatan Bisnis Online

Kamu pengusaha bisnis online? Atau Kamu konsumen bisnis online? Ingin tahu berbagai modus kejahatan bisnis online dan cara mengatasinya? Yuk temukan solusinya dalam legal workshop: “KUPAS TUNTAS MELEK HUKUM DAN UPAYA MENGHINDARI KEJAHATAN BISNIS ONLINE” Bersama: Bimo Prasetio, S.H (Partner Kantor hukum BP Lawyers) Achmad Zaky (Founder & CEO Bukalapak) dan Tim Legal Bukalapak   Waktu…

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