Loading...
Indonesian Take on Alternative Dispute Settlements Part Two : Selection of Arbitration Rules
By : Setyawati Fitringgraeni, Eva F Fauziah, Keisha Bucha, Irvena Ayunya Dewanto[1]
Keywords: Arbitration Rules, Laws concerning Arbitration, BANI Arbitration Rules 2022, ICC Arbitration Rules 2021, SIAC Arbitration Rules 2016
In arbitration, parties are entitled to determine how to proceed with the arbitration. It includes choosing an arbitration institution and rules and procedures to solve disputes. According to Art. 34 Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Settlement (“Law 30/1999”), “(1) Settlement of disputes through arbitration can be carried out using national or international arbitration institutions based on the agreement of the parties. (2) Settlement of disputes through the arbitration institution shall be carried out according to the rules and procedures of the chosen institution, unless otherwise stipulated by the parties”. Furthermore, pursuant to the elucidation of Art. 34 par. (2) parties are free to choose the applicable rules and procedures without having to use the rules and procedures of the chosen arbitration institution.[1] This would be because parties may have some of the procedures agreed upon in their contract.
In Indonesia, most arbitrations are institutional. Currently, some of the features of the most used arbitration rules and procedures are as follows:
Comparison of the Arbitration Rules
Bibliography
Laws
BANI Arbitration Rules 2022.
Basyarnas Arbitration Rules 2021.
HKIAC Administered Arbitration Rules 2018.
ICC Arbitration Rules 2021.
Indonesian law
Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution.
State Gazette No. 138 the Year 1999
Supplementary State Gazette No. 3872
LCIA Arbitration Rules 2020.
SIAC Arbitration Rules 2016.
UNCITRAL Arbitration Rules 2021.
Website
BANI, “Biaya Arbitrase BANI.” BANI, https://baniarbitration.org/fees.
SIAC, “SIAC General FAQs.” SIAC, https://siac.org.sg/faqs/siac-general-faqs.
[1] Setyawati Fitrianggraeni is a Managing Partner at Anggraeni and Partners, Indonesia, Assistant Professor at the Faculty of Law University of Indonesia, and PhD Candidate at the World Maritime University, Malmo, Eva F Fauziah, Keisha Bucha, Irvena Ayunya Dewanto are from International Arbitration and Litigation Practice Group Anggraeni and Partners. Writers thanks Dr Hary Elias for his time to provide feedback on the articleJunior Associate at Practice Group International Arbitration & Litigation at Anggraeni & Partners
[2]Indonesia, Law concerning Arbitration and Alternative Dispute Resolution, Law No. 30 of 1999, SG No. 138 Year 1999, SSG No. 3872, Elucidation of Art. 34 par. (2).
DISCLAIMER
The information contained in this Legal Insight is not intended to provide legal opinion or views of the Anggraeni and Partners law offices against a particular legal issue.
Neither party may assume that he or she should act or cease to act or choose to act on a particular matter based on this information without seeking advice from professionals in the field of law in accordance with certain facts and circumstances it faces.
For further information, please contact:
WWW.AP-LAWSOLUTION.COM
P: 6221. 7278 7678, 72795001
H: +62 811 8800 427
S.F. Anggraeni
Managing Partner
Research Associate / Senior Associate Practice Group
Eva F Fauziah
Senior Associate at Anggraeni and Partners Practice Group of International Arbitration and Litigation
Head of Legal Lab
