Mandatory Clause Implications on Arbitration Disputes in Indonesia

DOI

10.2991/assehr.k.211203.054How to use a DOI?

Keywords

Arbitration disputes; Mandatory clause

Abstract

Whether the other party on arbitration dispute did not have good faith to enforce the arbitral tribunal’s decision, this award will require other legal remedies to be executed later. There is an obscure norm in the mandatory clause of arbitration disputes; in-depth research is needed to examine this problem scientifically. Arbitration arrangements are contained in Law of the Republic of Indonesia Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, which until today has not yet been reconstructed against this Law even though several provisions are not precise and not in line with business developments in Indonesia. The research questions investigated in this study are (i) Mandatory clause regulation on arbitration disputes in Indonesia and (ii) Implications of the mandatory clause on arbitration disputes in Indonesia. This study employs a normative legal research method. The characteristics of the research object guide normative legal research yet remains limited by the expected outcome of the norms initially established. The approaches used in this study are (i) the analytical and conceptual approach and (ii) the statutory approach. The theories applied in investigating the problems in this research are the effectiveness theory and economic-legal theory. Through this study, the Implications of the mandatory clause on arbitration disputes in Indonesia can be identified, and the Mandatory clause regulation on arbitration disputes in Indonesia can be determined.

Copyright

© 2021 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article under the CC BY-NC license.

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TY  - CONF
AU  - I.G.A.A. Gita Pritayanti Dinar
AU  - Anak Agung Sagung Laksmi Dewi
AU  - Kade Richa Mulyawati
PY  - 2021
DA  - 2021/12/03
TI  - Mandatory Clause Implications on Arbitration Disputes in Indonesia
BT  - Proceedings of the 2nd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2021)
PB  - Atlantis Press
SP  - 245
EP  - 248
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211203.054
DO  - 10.2991/assehr.k.211203.054
ID  - Dinar2021
ER  -