Pilihan Tempat Arbitrase

Utama, Meria (2008) Pilihan Tempat Arbitrase. Buletin BANI, 2. ISSN 1978-8398

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Abstract

Arbitration is possible only if there is an agreement between the parties providing for it. "e agreement is usually put in the arbitration clause in a contract or submission agreement. "e parties may agree on anything regarding as to how the arbitration should proceed including the place of arbitration. In the legal terms, the place of arbitration means a place where the arbitration proceeding will be held. "is paper discusses some relevant factors in determining the place of arbitration. "ese include the skills of arbitrators, facilities, conveniences, costs and political factors, but the most important consideration is the legal environment. Failure to make a clear choice of the place of arbitration in arbitration agreement may lead to unexpected results. Problems may arise if the parties do not state clearly where the arbitration will be held and how the arbitration proceeding will be governed. "e legal environment relates to the law of arbitration, namely whether the law in the country in which the arbitration takes place will support the proceeding or enforce the awards without any complicated formalities. Parties to an international commercial arbitration are generally free to choose the place of their arbitration. "e law applicable to the arbitration proceeding will be the law of the place of arbitration, thus it would be appropriate to select the place where the courts favors arbitration as a mean of dispute resolution and as little as possible interfere with the arbitration proceeding. In conclusion, the parties should carefully decide as to where the arbitration will be conducted. As Law Number 30 of 1999 states, Indonesia is a country that supports arbitration and ADR

Item Type: Article
Subjects: K Law > K Law (General) > K1-7720 Law in general. Comparative and uniform law. Jurisprudence
Divisions: 02-Faculty of Law > 74201-Law (S1)
Depositing User: meria meri meri
Date Deposited: 21 Nov 2019 13:32
Last Modified: 21 Nov 2019 13:32
URI: http://repository.unsri.ac.id/id/eprint/17609

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