indonesia arbitration - Bani
indonesia arbitration - Bani
indonesia arbitration - Bani
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Court Interventions In International Arbitration -<br />
Indonesia Experience<br />
The view of the Indonesian Supreme Court in this regard is in line with the<br />
view of the Supreme Court of India (in the case of Oil and Natural Gas Commission<br />
vs. Western Company of North America, Decision of January 1 , 1987), and<br />
the Decision of the US District Court for the Southern District of New York (in<br />
the case of American Construction Machinery & Equipment Corporation Ltd. vs.<br />
Mechanized Construction of Pakistan, No. 85 Civil 7 5, March 2 , 1987) with<br />
respect to the interpretation of “under the law of which that award was made” as<br />
provided in Article V (1)(e) of the New York Convention as the procedural law<br />
(lex arbitri) of the <strong>arbitration</strong> process.<br />
The Decision of the Supreme Court on the above matter is in line with the<br />
view and the fact that Law No. 0/1999, as far as international <strong>arbitration</strong> award<br />
is concerned, only deals with the aspects of recognition and enforcement of the<br />
award. Public policy argument seems to be the only significant criteria for refusing<br />
the enforcement of international <strong>arbitration</strong> award. However, a wide interpretation<br />
of public policy may in practice also deal with matters or provisions in<br />
particular pertaining to the principles of due process of law as stipulated in the<br />
whole Article V of the New York Convention.<br />
M. Husseyn Umar<br />
Vice Chairman of BANI Arbitration Centre<br />
and partner in Ali Budiardjo, Nugroho, Reksodiputro, Jakarta, Indonesia.<br />
INDONESIA ARBITRATION - Quarterly Newsletter No. 4/2008