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Legal Sources
Article 615-651 of Rv, Article 377 HIR or Article 705 RBG (this has been revoked upon issuance of arbitration law of Indonesia); Law Number 5 of 1968 on Approval of Convention on Settlement of Investment Disputes Between States and National of Other States; Presidential Decree Number 34 of 1981 on Legalization of Convention on the Recognition and Enforcement of Foreign Arbitral Award (New York Convention 1958); UNCITRAL Arbitration Rules of 1976 and revised in 2010.
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What is Arbitration?
Under Law Number 30 of 1999 on Arbitration and Alternative Disputes Resolution (Arbitration Law), arbitration means mechanism of settlement of civil dispute out of general court based on arbitration agreement that is made in writing by the disputed parties.
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Exclusivity
District Court is not authorized to examine case by the parties who are bound to arbitration agreement. District Court means a district court where its legal territory includes the domicile of respondent. Any legal issues? Please refer to Art 11
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Scope of Arbitration
Only disputes on commercial in nature; and Right which according to law and prevailing regulations, is wholly controlled by the disputed party; The dispute that cannot be settled in a peaceful manner, cannot be tried through arbitration; Examples of commercial are trading, banking, investment, finance, industry, and intellectual property right.
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Arbitration Agreement
May be made before or after the dispute; If it is made after the dispute, it has to be made in writing and signed by the parties; There are minimum contents of arbitration agreement (see Art 9 (3)); If the minimum contents are not fulfilled, then it will be null and void.
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Arbitrators
The parties may agree on one arbitrator or panel of arbitrators; If the parties do not reach settlement in appointing arbitrator, the Chief of District Court will appoint arbitrator or panel of arbitrators; If two arbitrators are appointed, these two arbitrators may appoint the third arbitrator, where he or she will act as the Chairman.
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Arbitrators Requirement
Refer to Art 12 to understand the requirements to be appointed as arbitrator
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Arbitration Procedure
Tried closely; In Indonesian language, unless agreed otherwise by the parties; Can be represented by proxy. Is it has to be licensed lawyer or any party? Read the elucidation of Art 29 (2); Third party can join in the dispute if there is related interest and approved by the disputed parties and arbitrators; The parties are free to choose their arbitration procedure; www.lekslawyer.com
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Provisional Decision
By the request of one party, arbitrator or panel of arbitrators can issue provisional decision or other interlocutory decision including seizure, consignation to third party, or sell goods that are easily destructible.
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Binding Opinion
Parties in the agreement are entitled to request a binding opinion by arbitration body in relation to the definite legal relationship in the agreement; On that binding opinion, no legal action can be performed; Examples for the binding opinion, see elucidation of Art 52.
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Arbitration Award
The contents of arbitration award, see Art 54 (1); Arbitrators issue decision based on laws, or justice and proper principle; See elucidation of Art 56 (1); The parties are entitled to choose the prevailing law for the settlement of dispute that may arise between them.
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Execution Contd
The instruction to implement the award has to be given within 30 days after the execution request has been registered; Prior to granting an execution instruction, the Chief has to examine the arbitration award according to Art 4, 5 and whether the award is against morality and public order; If the Chief declines the execution request, there is no legal action can be performed; Chief will not examine the arguments or legal consideration of the award;
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Execution Contd
The Chiefs instruction is written in the original copy of arbitration award; The arbitration award with Chiefs instruction can be performed in accordance with the civil decision which already has permanent power. For the detailed mechanism of submission of cancellation request, please refer to Art 72.
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Cancellation Contd
The cancellation request must be submitted in writing within 30 days since the delivery date and registration date of arbitration award to the Clerk of District Court
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