“Emergency Arbitration”; Comparative Analysis

DOI

10.2991/assehr.k.200917.010How to use a DOI?

Keywords

Emergency Arbitration, Emergency Award, Provisional Award

Abstract

In contractual relationships with respect to Business to Business (B2B) trade transactions, disputes that occur can be related to the object of the transactions, which may involve any kind of goods. Disputes in relation to the goods as object of disputes can take consequences that the goods may be damaged or destroyed. In some disputes, evidence of the disputes may also be destroyed by one of the party to the disputes, for the lost of the other party. The issue of destruction become more important, because the process of destruction can even happen before the formation of the tribunal in arbitration cases. To avoid the destruction of either case, an emergency arbitration to safeguard the goods become important. The aim of this research is to explore the concept and application of emergency arbitration, and the possibility to implemented in Indonesia. This research used secondary data with qualitative and comparative approach of analysis. Data were obtained through literature review. Findings showed that in many jurisdictions, the concept of emergency arbitration has been accepted. However there were some differences in the regulations and applications. Analysis proved that emergency arbitration can be implemented in Indonesia, however some considerations must be attended. In view of these, amendments to the Law No.30 Year 1999 regarding Arbitration and Alternative Dispute Resolution must be made.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Gunawan Widjaja
AU  - Andryawan
AU  - Victoria Regine Liando
PY  - 2020
DA  - 2020/09/17
TI  - “Emergency Arbitration”; Comparative Analysis
BT  - Proceedings of the Arbitration and Alternative Dispute Resolution International Conference (ADRIC 2019)
PB  - Atlantis Press
SP  - 40
EP  - 42
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.200917.010
DO  - 10.2991/assehr.k.200917.010
ID  - Widjaja2020
ER  -