Legal Updates
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…
Read MoreARE 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…
Read MoreARE 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…
Read MoreRARELY 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…
Read MoreTHREE 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…
Read MoreNOT 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…
Read MoreTHIS 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…
Read MoreTHIS IS WHY ARBITRATION BECOME POPULAR (PART I)
Arbitration considered as an effective dispute resolution forum to get the best result. Commercial disputes become one of inevitable consequence in the business. The dispute can arise between parties which located in Indonesia or abroad. Arbitration as a dispute resolution becomes popular in the business for its many advantages. One of the advantages is a…
Read MoreWHY DID CONSTITUTIONAL COURT SET ASIDE ELUCIDATION OF ARTICLE 70 OF INDONESIAN ARBITRATION LAW?
INDONESIAN ARBITRATION LAW The Constitutional Court assessed that the Elucidation of Article 70 of Law No. 30 of 1999 regarding Arbitration and Alternative Dispute Resolutions (Arbitration Law) against the 1945 Constitution of the Republic of Indonesia and it is not legally binding. Applying for an annulment of an arbitration award now appears to be a…
Read MoreCONSTITUTIONAL COURT VIEW IN THE ANNULMENT OF THE ELUCIDATION OF ARTICLE 70 OF ARBITRATION LAW
“The petitioners who submitted a judicial review of Elucidation of Article 70, Law No. 30/1999, assumed the phrase must be proven by a court decision in the Elucidation of Article 70, has stricken off the allegation elements which contained in Article 70. This would lead to a new norm which is not consistent. “ Some…
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