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 ...