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.
Cite this article
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 -