Available in the National Library of Australia collection. Author: Adolf, Huala; Format: Book; vii, p. ; 21 cm. Huala Adolf is professor of international law at Faculty of Law, Universitas Padjadjaran, Bandung, Indonesia. He graduated from Universitas Padjadjaran. Items 1 – 8 of 8 Profile Detail. First NameHuala. Last NameAdolf. Biography I am a law lecturer, encoraging peace and understanding between peoples. Country.
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Hukum Penyelesaian Sengketa Penanaman Modal
What kinds of cases are suitable for an expedited procedure? Generally, the parties to an arbitration agreement have autonomy to decide which language to use. Your email address will not be published.
BKPL hual claimed that because the loan agreement violated the Language Law, the loan agreement was null and void. Members of Aboriginal, Torres Strait Islander and Maori communities are advised that this catalogue contains names and images of deceased people.
Huala Adolf Profile PCDN : PCDN
Details Collect From YY Article 14 of the BANI Rules addresses four elements related to the language of arbitral proceedings, namely: Paragraph 1 article 14 of the BANI Rules provide that the case examination must be conducted in the Indonesian language.
How is treaty arbitration an alternative to contractual dispute resolution? The fee incurred for the interpreter shall be borne by the parties. Advanced search Search history. If the parties are foreign nationals, the award may be translated into another language as requested by the foreign party. The Language of Arbitration in Indonesia. Home About Us About Us.
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The District Court was of the opinion that every contract involving an Indonesian institution, company or private individual made after the enactment of the Language Law must be made in the Indonesian language. The use of expert witnesses and its increasing relevance to Indonesia related arbitrations. Raffles Jakarta, Jakarta ID. Failing such agreement, the arbitral tribunal shall determine the language or languages to be used in the proceedings.
How to advise an Indonesian multinational company with cross-border disputes and the relevance of dispute resolution mechanisms and treaty protection when trading with foreign companies. To learn more about Copies Direct watch this short online video. National Library of Australia. This issue has recently raised concern in Indonesia after a domestic court in Jakarta delivered a judgment regarding the use of language in contracts. Does applying or not applying for Expedited Procedure and having the institution reject it prejudice a later application for interim measures before the arbitral tribunal?
BKPL was to pay the loan back in 48 instalments.
Article 27 of the Language Law clearly states that the Indonesian language, Bahasa Indonesia, shall be used in any official state documents. The importance of seat of arbitration; how the seat can help achieve an effective arbitration. The explanatory provisions of Article 27 stipulates that official state documents include, among others, state decision letters, bonds, official certificates, the official notes, identity cards IDagreements and court decisions.
Reasonable practical solutions can normally be found between the parties and arbitrators in these types of situations, but an additional layer of complexity arises where national laws require the national language of the state to be used in commercial transactions. The language used in an arbitration does not normally pose any problems when parties to an arbitration speak the same language. The decision was affirmed by the High Court of Jakarta in and reaffirmed by the Supreme Court in The District Court held that the loan agreement was null and void and did not have any binding force upon the parties because it did not meet the formal requirements of a valid contract, i.
Following the decision, some have questioned if the decision of the court also affects which language can be used in arbitrations conducted in Indonesia.
The parties are free to agree on the language or languages to be used in the arbitral proceedings. This seemingly gives the assurance that English may be used in drafting an agreement or contract where one of the parties is not Indonesian.
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Similarly when the original document is in the Indonesian language, the Tribunal may request for it to be translated into another language.
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New search User lists Site feedback Ask a librarian Help. Hiala information on the Library’s opening hours is available at: However, the parties may agree to use another language subject to the approval of the arbitration tribunal. NAM denied that the agreement violated the Language Law and put forward a number of arguments. Specifically, this Panel will delve into: The practice of the Central Jakarta District Court adolg challenges to the enforcement of arbitral awards.