Posts Tagged ‘Agreements’
PERSONAL SECURITY IS ONE CHOICE OF COLLATERAL THAT YOU CAN USE
In any loan agreement, debtors (debt parties) will be charged with an obligation to provide collateral of repayment of debts owed to be submitted to the creditors. There are two kinds of collaterals; those are material and individual collaterals. When the debtor does not have the goods or valuable assets that can be charged as…
Read MoreCHECK THIS OUT! Here are Stages in Handling Corporate Crime
Today, the crime mode is growing. A crime is not always committed by individuals, but also institutions, such as corporations. In response to this, a year ago, the Supreme Court (MA) issued Regulation Number. 13 Year 2016 on Procedures of Handling Criminal Acts by the Corporation. However, in reality the corporation is involved in various…
Read MoreHERE ARE TWO ALTERNATIVES EXECUTION OF PLEDGING OF SHARES
Before stepping on the practice of execution of pledge of shares, we should understand in advance the definition of lien and the stock itself. According to Article 1150 of the Civil Code, Pledge is “a right that is acquired by a creditor against to moving goods, bodied and bodiless given to him by the debtor…
Read MoreHOW TO DETERMINE THE BEST DISPUTE RESOLUTION FORUM IN THE AGREEMENT
It is known that the principle of freedom of contract (pacta sunt servada) in an agreement is stated in Article 1338 Book of Indonesian Civil Code. So, the parties that have agreed upon an agreement are free to decide matters related to the deal, as long as they are not contrary to law, norms that…
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 MoreSHIFT 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…
Read MoreHOW 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 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 More