The article explores the issue of ultra petita in arbitration, analyzing how Indonesian jurisprudence interprets its use as a ground for annulment of arbitral awards under Indonesia Arbitration Law.
This article critically examines how arbitration tribunals in Indonesia determine and allocate arbitration costs. By reviewing jurisprudence and BANI procedural rules, it highlights the flexibility given to tribunals in regulating cost responsibilities beyond the provisions of the Arbitration and ADR Law.
While arbitral awards are final and binding, the District Court still holds limited authority to examine annulment petitions. This article explores how such authority must align with the non-intervention principle in arbitration, preserving the independence of arbitral jurisdiction.
Discussion on annulment of arbitral award, arbitration agreement validity, and jurisdictional issue in Indonesia.
This article examines the scope of Arbitral Award Annulment in Indonesia, analyzing Supreme Court decisions that shaped Arbitral Award Annulment Jurisprudence within the framework of Arbitration Jurisprudence Indonesia.
This article examines the legal remedies for appeal against arbitral award annulment in Indonesia, highlighting jurisprudence on arbitral award annulment without memorandum and the significance of an appeal memorandum.
This article examines whether an arbitral award in Indonesia can be corrected by the court, highlighting the distinction between correction and annulment.
This article explores how Public Order influences the annulment and enforcement of Arbitral Awards in Indonesia. It examines legal grounds, jurisprudence, and critical insights shaping arbitration practice today.
The Indonesian Constitutional Court reviewed the 1999 Arbitration Law, particularly the definition of “international arbitral award.” It ruled to remove “considered,” which some viewed as adding legal uncertainty. However, the ruling didn’t address broader issues surrounding definitions and interpretations, leaving questions about clarity in international arbitration unresolved. A modernization of the law is needed.