Non-Enforcement of Foreign Arbitration Award in Indonesia

DOI

10.2991/978-2-494069-49-7_164How to use a DOI?

Keywords

Award; International Arbitration

Abstract

Arbitration is an alternative dispute resolution that is of interest to business actors. At the international level, foreign arbitration is known as the choice of settlement of cases by the parties based on the agreement agreed in the contract. It becomes a legal issue when the implementation of a foreign arbitral award decided in a country will be implemented in the territory of another country, while on the other hand international law recognizes the sovereignty of each country not to recognize foreign arbitral awards outside the territory of their country’s sovereignty, so that the decision cannot be enforced. The Supreme Court Regulation Number 1 of 1990 concerning Procedures for Implementing Foreign Arbitration Awards (PERMA No. 01/1990) applies the principle of executorial power (executory kracht principle), which means that foreign arbitral awards are the same as court decisions which have permanent legal force. In addition, the foreign arbitral award is final, meaning that the decision cannot be submitted for further legal action, so that it is binding on the disputing parties, therefore the parties are obliged to implement the foreign arbitral award voluntarily. The research aims to find out whether the International Arbitration Award can be enforced in Indonesia and what is the impact if it cannot be enforced on international trust in Indonesia? The research method was using qualitative legal research with a statutory approach and examines relevant cases. If the International Arbitration Award can be implemented in Indonesia, it will have implications for the trust of other countries to partner in business with Indonesia.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Ning Adiasih
AU  - Sam Letare Simanjuntak
PY  - 2022
DA  - 2022/12/29
TI  - Non-Enforcement of Foreign Arbitration Award in Indonesia
BT  - Proceedings of the 3rd Borobudur International Symposium on Humanities and Social Science 2021 (BIS-HSS 2021)
PB  - Atlantis Press
SP  - 981
EP  - 987
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-494069-49-7_164
DO  - 10.2991/978-2-494069-49-7_164
ID  - Adiasih2022
ER  -