Indonesian Take on Alternative Dispute Settlements Part Two: Selection of Arbitration Rules
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:
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