INTERNATIONAL COMMERCIAL ARBITRATION, THE BEST WAYTO RESOLVE COMMERCIAL DISPUTES? A LESSON LEARNED FROM INDONESIA PRACTICE

Main Author: Perpustakaan UGM, i-lib
Format: Article NonPeerReviewed
Terbitan: [Yogyakarta] : Universitas Gadjah Mada , 2007
Subjects:
Online Access: https://repository.ugm.ac.id/29184/
http://i-lib.ugm.ac.id/jurnal/download.php?dataId=12247
Daftar Isi:
  • International arbitration has long been re(:ognized as a mean of resolving commercial disputes. Especially those with international dimensions. It s believed that arbitration offers some advantages compare to litigation. As a result. foreign investors have been increasingly using international arbitration provisions in their agreements. Indonesia has enacted it s new arbitration law. However. the new law does not provide crucial mechanism on how the winning party can have their right protected As a consequence, several international arbitral awards cannot be enforced This paper offers some recommendations to minimize the possibility of Indonesian court s refusal to enforce international arbitral awards.