Pembatalan Putusan Arbitrase Internasional Oleh Pengadilan Nasional  

Oleh:

Juwana, Hikmahanto

Jenis: Article from Journal - ilmiah nasional - tidak terakreditasi DIKTI
Dalam koleksi: Jurnal Hukum Bisnis vol. 21 (2002), page 67-74.
Topik: ARBITRASE; arbitrase international; pengadilan nasional
Fulltext: JJ102-21-200211 p67.pdf (6.87MB)

Ketersediaan

Perpustakaan Pusat (Semanggi) Nomor Panggil: JJ102.3 Non-tandon: 1 (dapat dipinjam: 0) Tandon: tidak ada

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Can the state court set aside an international arbitration award, according to the author of this article the answer is "No". Of course the author has an adequate reason to say "No". The article simply discusses the distinction of understanding between annulment and refusal with regard to arbitration law. The distinction can be viewed : firstly based on the process and reason of th eannukment of the arbitration award which are regulated by the law of the country and not regulated by an international agreement, whilst the process and reason of the refusal of the foreign arbitration award are regulatef by an international agreement, then to transform into a national regulation. Secondly, according to the legal consequence, the annulment of arbitration award can result in the abolishment of the arbitration award and the court can request parties to rearbitrate. However, the annulment of arbitratin award has no impact upon the court which has authorized to adjudicate the case. While the refusal of arbitration award by the court does not mean the abolishment of the award. However, the refusal of arbitration award has a consequence on the award that could not be executed within the jurisdiction of the refusing court. The article also explains the annulment of foreign arbitration award by the state court of indonesia in the case of pertamina vs karaha bodas which is being public attention at the moment.

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