Arbitration in Indonesia: Largely Dependable Recognition and Enforcement
Access status:
Open Access
Type
Book chapterAuthor/s
Butt, SimonAbstract
This chapter begins by outlining the key features of the 1999 Arbitration Law and its predecessors, before discussing early judicial resistance to the recognition and enforcement of arbitral awards. The chapter seeks to demonstrate that, even though the enforcement of arbitral ...
See moreThis chapter begins by outlining the key features of the 1999 Arbitration Law and its predecessors, before discussing early judicial resistance to the recognition and enforcement of arbitral awards. The chapter seeks to demonstrate that, even though the enforcement of arbitral awards in Indonesia is still considered problematic in some quarters, there is little evidence to suggest that domestic and foreign awards alike will not be recognised and enforced as a matter of course by Indonesian courts, except in highly exceptional circumstances. The primary remaining problem concerning enforcement is the significant delay that occurs if enforcement is challenged by a losing party.
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See moreThis chapter begins by outlining the key features of the 1999 Arbitration Law and its predecessors, before discussing early judicial resistance to the recognition and enforcement of arbitral awards. The chapter seeks to demonstrate that, even though the enforcement of arbitral awards in Indonesia is still considered problematic in some quarters, there is little evidence to suggest that domestic and foreign awards alike will not be recognised and enforced as a matter of course by Indonesian courts, except in highly exceptional circumstances. The primary remaining problem concerning enforcement is the significant delay that occurs if enforcement is challenged by a losing party.
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Date
2020Source title
The Developing World of Arbitration: A Comparative Study of Arbitration Reform in the Asia PacificPublisher
Hart PublishingFunding information
ARC FT150100294Licence
Copyright All Rights ReservedFaculty/School
The University of Sydney Law SchoolDepartment, Discipline or Centre
Centre for Asian and Pacific LawShare