International Jurisdiction and Foreign Judgments in Civil and Commercial Matters: A New International Convention in the Offing (Abstract)

Kessedjian, Catherine

doi:10.1093/ulr/2.4.697

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“…Accordingly, jurisdiction is exorbitant when the court exercises jurisdiction in a case that lacks sufficient connection with the parties to the case, the circumstances of the case, the cause or subject of the action or fails to take account of the principle of the proper administration of justice [13]. In addition, it prioritizes political interests without considering the interests of the parties in the case [14]. Other critics say that exorbitant jurisdiction is a chauvinistic rule inspired by the sole interests of the state's nationals or residents, as the interests of the other party are often not considered [26].…”

Section: Indonesian Civil Procedures As the Basis For The Indonesian ...mentioning

confidence: 99%

International Jurisdiction of the Indonesian Court in Private International Law Litigation

Herliana¹,

Sujayadi²

2022

Proceedings of the International Conference on Sustainable Innovation on Humanities, Education, and Social Sciences (ICOSI-HESS

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This article will evaluate Indonesian statutory law that can be used as the basis for the Indonesian court to assert jurisdiction over defendants residing abroad. The analysis of this article will be based on legal doctrinal research with statutory and comparative approaches. The instrument used as the comparison rule is the ALI/ UNIDROIT Principles of Transnational Civil Procedure, a 'soft law' instrument in which some basic principles of civil procedure applicable in civil law and common law systems converge. The analysis will show that some rules in Indonesian civil procedure can be the basis for the Indonesian court to exercise jurisdiction over non-resident defendants, with considerable attention given to Article 100 Rv. Parallel with its exorbitant jurisdiction, it will be shown that the Indonesian court may also assert jurisdiction in consumer disputes against a trade residing abroad as long as its products are distributed in Indonesia. The Indonesian court also has jurisdiction over labour disputes involving an employer domiciled abroad so far as the employees perform their employment obligation within Indonesian territory.

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Section: Indonesian Civil Procedures As the Basis For The Indonesian ...mentioning

confidence: 99%

International Jurisdiction of the Indonesian Court in Private International Law Litigation

Herliana¹,

Sujayadi²

2022

Proceedings of the International Conference on Sustainable Innovation on Humanities, Education, and Social Sciences (ICOSI-HESS

View full text Add to dashboard Cite

show abstract

International Jurisdiction and Foreign Judgments in Civil and Commercial Matters: A New International Convention in the Offing (Abstract)

Cited by 1 publication

References 0 publications

International Jurisdiction of the Indonesian Court in Private International Law Litigation

International Jurisdiction of the Indonesian Court in Private International Law Litigation

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