한국중재학회지:중재연구 (Journal of Arbitration Studies)

한국중재학회 (The Korean Association of Arbitration Studies)
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The Provisions on the Enforcement of Foreign Arbitration Awards in Indonesia (under the New York Convention of 1958?)

  • 투고 : 2017.06.02
  • 심사 : 2017.08.30
  • 발행 : 2017.09.01
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초록

This article tried to describe the laws concerning the enforcement of foreign arbitration awards in Indonesia. This issue is relevant in the light of frequent curiosity of foreign commentators, business communities, practicing lawyers, concerning the arbitration in Indonesia, in particular its enforcement of foreign arbitration awards. The main laws on arbitration analyzed were, firstly, the Indonesian law on arbitration, namely Law No 30 of 1999 on Arbitration and Alternative Dispute Resolution and the Presidential Regulation No 34 of 1981 concerning the Ratification of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958. The provisions of Law of 1999 analyzed were confined to its international provisions on arbitration, in particular the requirements for the enforcement of foreign arbitration awards and also the requirement that the awards do not violate Indonesian public policy. The problem with the Indonesian arbitration law (and the courts' practice) were that no provisions which provided guidance or meaning with regard to public policy. The absence or lack of guidance or definition on public policy had some times confused lawyers or the parties in dispute fearing that their arbitration awards would not be enforced due to the violation of public policy. Secondly was the different opinion of two Indonesian arbitration experts, Prof. Sudargo Gautama and Prof. Priyatna Abdurrasyid. Both scholars had rather different opinions with regard to the meaning of public policy in Indonesia. Thirdly was a recent case law, Astro Nusantara Bv et.al., vs PT Ayunda Primamitra Case (2010) decided by the Indonesian Supreme Court with regard to the enforcement of foreign arbitration awards. This article concluded that the Indonesian court, in particular the Central of Jakarta Court, so far have given its support that the execution of foreign awards was duly enforced.

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참고문헌

  1. BANI, Arbitration A Preferred Mechanism for Business Disputes, BANI Arbitration Centre: pamphlet, 2017.
  2. Erman Rajagukguk, Arbitrase dalam Putusan Pengadilan (Translation: Arbitration in the Decisions of the Courts), Jakarta: Chandra Pratama, 2001.
  3. Luttrell, S.R., "Lex Arbitri: The Law and Practice of Commercial Arbitration in Indonesia," Int.A.L.R. 2007, Vol. 10, No. 6, pp.190-205.
  4. Mills, Karen and Risdiana Yana, "Indonesia District Courts Annul Two Domestic Awards," Int.A.L.R. 2003, Vol. 6, No. 2, pp.16-20.
  5. Mutiara Hikmah, Arbitrase dan Perkembangannya di Indonesia (Arbitration and Its Development in Indonesia), Manuscript, Jakarta, 2016.
  6. Priyatna Abdurrasyid, Arbitrase dan Alternative Penyelesaian Sengketa (APS) (Translation: Arbitration and Alternative Dispute Resolution), 2nd Revised Edition, Jakarta: Fikahati, 2011.
  7. Redfern, Alan and martin Hunter (with Nigel Blackaby and Constatine Partasides) Law and Practice of International Commercial Arbitration, London: Thomson and Sweet & Maxwell, 4th edition, 2004.
  8. Rubin, Noah, "The Enforcement And Annulment of Arbitration Awards in Indonesia," Am.U.Int'l. Rev. Vol. 20, 2005, 359.
  9. Sudargo Gautama, Hukum Dagang dan Arbitrase Internasional (Translation: Trade Law and International Arbitration), Bandung: Citra Aditya Bakti, 1991
  10. Sudargo Gautama, Undang‐Undang Arbitrase Baru 1999 (translation: New Arbitration Law of 1999), Bandung: Citra Aditya Bakti, 1999
  11. Sudargo Gautama, Arbitrase Luar Negeri danPemakaian Hukum Indonesia (translation:International Arbitration and the Use of Indonesian Law), Bandung: Citra Aditya Bakti, 2004)
  12. Tineke Louise Tuegeh Longdong, Asas Ketertiban Umum dan Konvensi New York 1958 (translation: The Principle of Public Policy and New York Convention of 1958, PT. Citra Adtya Bhakti, Bandung, 1998.