Fair Arbitration Decision for Parties to the Dispute Based on The Act Arbitration

Abstract

The law governing the dispute material in arbitration and Alterntive Dispute Resolution is the law selected in the relevant commercial agreement that poses a dispute between the parties. In the event by the parties to the agreement not set forth on governing law, the parties freely elect the applicable law under a mutual agreement. The method used is normative legal research. The purpose of writing is to analyze the implementation of arbitration decisions both nationally and internationally. Settlement of disputes or disagreements through an alternative dispute resolution is settled in a direct meeting by the parties within a period of 14 (fourteen) days and the result is set forth in a written agreement. In the event that a dispute or disagreement cannot be resolved, then the parties ' written agreements, disputes or disagreements are resolved through the assistance of one or more expert advisors or through a mediator. The proof tools used in the examination are witnesses, expert witnesses, and documents relating to the dispute. Settlement of disputes through arbitration may be conducted using national or international arbitral institutions based on agreement of the parties. The arbitrator or the arbitral tribunal shall take the verdict under the provisions of the law, or based on fairness and compliance. The arbitral decision is final and has a fixed legal force and binding of the parties

Issues Concerning the Validity of Agreements Excluding Rescission Procedures in International Commercial Arbitration

“…An additional critical factor influencing the effectiveness of agreements excluding rescission procedures in international commercial arbitration is the mutual consent and negotiation dynamics between the parties involved. This aspect holds significant weight in determining the validity and enforceability of exclusion agreements [11] .…”

Application of Online Arbitration to Dispute Resolution E-Commerce Business in Indonesia (in Academic Discourse and Practice)

“…30 of 1999 states that disputes that can be resolved through arbitration are only disputes in the field of trade and regarding rights that according to law and legislation are fully controlled by the disputing party. Disputes that cannot be resolved by an arbitral institution are disputes that according to laws and regulations cannot be held peace efforts (Manik, 2020).…”