This article examines whether an arbitral award in Indonesia can be corrected by the court, highlighting the distinction between correction and annulment.
This article examines whether an arbitral award in Indonesia can be corrected by the court, highlighting the distinction between correction and annulment.
This article explores how Public Order influences the annulment and enforcement of Arbitral Awards in Indonesia. It examines legal grounds, jurisprudence, and critical insights shaping arbitration practice today.
The Indonesian Constitutional Court reviewed the 1999 Arbitration Law, particularly the definition of “international arbitral award.” It ruled to remove “considered,” which some viewed as adding legal uncertainty. However, the ruling didn’t address broader issues surrounding definitions and interpretations, leaving questions about clarity in international arbitration unresolved. A modernization of the law is needed.
The jurisdiction of the tribunal stems from the existence of an arbitration agreement. Indonesia Arbitration Law of 1999 does not specifically regulate the tribunal’s jurisdiction and whether the tribunal can determine its jurisdiction on its own,...