Basically, commercial disputes can be proceed through the court or arbitration forums, where both types have different mechanisms and conditions. The mechanism through arbitration forums (generally) refers to the provisions of Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution (“Law No. 30/1999”).
According to the provisions of Article 1 No. 1 Law No. 30/1999 is stated explicitly as follows:
“Arbitration is a method of resolving a civil dispute outside the general court based on an arbitration agreement made in writing by disputing parties“.
So it is expressly stated that the arbitration forum is only intended for civil Continue reading “Dispute Resolution through BANI (Indonesia National Arbitration Board)”
