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 Behind its aim to accelerate economic growth through increasing investment and job creation, the Law Number 6 of 2023 on Job Creation (Job Creation Law) has sparked significant controversy, particularly among workers and labor unions concerned about their...
Introduction Illegal Mining (PETI) is the activity of producing minerals or coal carried out by the community or companies without having a permit, not using good mining principles, and having negative impacts on the environment, economy, and society.In general, PETI...
INTRODUCTION The sale and purchase of property is a fundamental legal relationship in society. The significance of this transaction lies in protecting the rights of consumers and sellers, as well as ensuring legal certainty provided by the state. Every transaction...
INTRODUCTION Protection of the environment is one of the important issues that has received increasing attention in various countries, including Indonesia. A healthy environment is the basic right of every citizen as stated in Article 28H of the 1945 Constitution....
Trademark, a result of the intellectual property process, has an important role in economic activities and trade in goods/services. In Indonesia, the trademark provisions are regulated under the Law Number 20 Year 2016 concerning Trademark and Geographical Indications (“Trademark Law”).
Introduction The prevailing law in Indonesia accommodates citizens who feel their rights are violated by others, to sue the party who harmed them and ask for compensation. For this reason, default claims and tort claims are known in civil law. However, it is not...
Introduction Eigendom is a term for ownership rights used during the Dutch colonial period. The legal basis for eigendom is contained in Article 570 of the Civil Code, which defines eigendom as the right to have free enjoyment of property and to dispose thereof...