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.
The jurisdiction of the tribunal stems from the existence of an arbitration agreement. Indonesia Arbitration Law of 1999 does not specifically regulate the tribunal’s jurisdiction and whether the tribunal can determine its jurisdiction on its own,...
Introduction In recent times, the Badan Arbitrase Nasional Indonesia (“BANI”) has published its latest 2025 Arbitration Rules and Procedures (“BANI Rules”). Although the 2025 BANI Rules lacks a release date and does not explicitly specify an official effective date,...
This article highlights the importance of choosing the governing law in an arbitration agreement. It explores how different legal systems, particularly English and French courts, determine the applicable law when no express choice is made.
Although courts are generally prohibited from interfering in arbitration, both Indonesian law and the New York Convention recognize limited exceptions. This article explores Indonesia’s legal framework on non-interference, grounds for setting aside arbitral awards, and how Indonesian courts address public policy violations in enforcement proceedings.
Introduction The emergence of Coronavirus Disease of 2019 (the “COVID-19”) back in 2020 has provided significant effects to all sectors of human life, unexceptionally business and law sectors, where at the time, many legal disputes arise out of the COVID-19 pandemic,...
Introduction The emergence of Coronavirus Disease of 2019 (the “COVID-19”) back in 2020 has provided significant effects to all sectors of human life, unexceptionally business and law sectors, where at the time, many legal disputes arise out of the COVID-19 pandemic,...
The arbitration system in Indonesia, as an integral part of commercial dispute resolution, has provided an effective and efficient alternative outside the conventional judicial system in its implementation over the years. The development of the arbitration system in...