Enforcement of Arbitral Awards in Indonesia & Other Issues of Judicial Involvement in Arbitration
Article from: TDM 4 (2006), in Resolving International Business Disputes by ADR in Asia
Introduction
When Indonesia attained independence, in 1945, the then governing Dutch laws remained in force until such time as new laws would be promulgated to replace them. Thus Indonesia remains a civil law jurisdiction, with Dutch law as the underlying basis. Arbitration in Indonesia dates back to the mid-19th Century Dutch Code of Civil Procedure, Burgelijke Reglement of de Rechtsvordering (generally known as the "RV")[1] coupled with the general freedom of contract provisions in the Indonesian Civil Code. Until 1981, when Indonesia ratified the 1958 United Nations Convention on ...