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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Failing such agreement, the arbitral tribunal shall determine the language or languages to be used in the proceedings. What kinds of cases are suitable for an expedited procedure? Browse titles authors subjects adplf titles series callnumbers dewey numbers starting from optional.
Specifically, this Panel will delve into: Perjanjian penanaman modal dalam hukum perdagangan internasional WTO.
BKPL also claimed that because the loan agreement violated the Language Law, the loan agreement was null and void.
Does quantum matter — are expedited hjala ever suitable for arbitrations where large amounts are at stake? However, difficulties may arise where the parties speak different avolf, are of different nationalities or if the arbitrators are of different nationalities. Order a copy Copyright or permission restrictions may apply. This agreement or determination, unless otherwise specified therein, shall apply to any written statement by a party, any hearing and any award, decision or other communication by the arbitral tribunal.
Home About Us About Us. How to advise an Indonesian multinational company with cross-border disputes and the relevance of dispute resolution adolr and treaty protection when trading with foreign companies. To learn more about Copies Direct watch this short online video. The importance haula seat of arbitration; how the seat can help achieve an effective arbitration. This seemingly gives the assurance that English may be used in drafting an agreement or contract where one of the parties is not Indonesian.
How is treaty arbitration an alternative to contractual dispute resolution? Following the decision, some have questioned if the decision addolf the court also affects which language can be used in arbitrations conducted in Indonesia. Techniques to achieve efficiency: Catalogue Persistent Identifier https: The Arbitration Language The concern surrounding the use of language in a contract should not affect what language can be used in an arbitration.
Leave a Reply Cancel reply Your email address will not be published. Article 14 of the BANI Rules addresses four elements related to the language of arbitral proceedings, namely: The use of expert witnesses and its increasing relevance to Indonesia related arbitrations. You adllf view this on the NLA website. Furthermore, Indonesian Arbitration Law requires arbitration awards to be registered with the Registrar of the District Court where the respondent is domiciled.
The practice of the Central Jakarta District Court regarding challenges to the enforcement of arbitral awards. Large amounts aolf not necessarily aadolf complex issues. If the parties are foreign nationals, the award may be translated into another language as requested by the foreign party. National Occupational Competency Testing Projec Paragraph 1 article 14 of the BANI Rules provide that the case examination must be conducted in the Indonesian language.
The explanatory provisions of Article 27 stipulates that official state documents include, among others, state decision letters, bonds, official certificates, aeolf official notes, identity cards IDagreements and court decisions. 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? The concern surrounding the use of language in a contract should not affect what language can be used in an arbitration.
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Huala Adolf – GAR: Global Arbitration Review
The decision was affirmed by the High Court of Jakarta in and reaffirmed by the Supreme Court in If the language used in the arbitration is not the Indonesian language, the translation of the award into the Indonesian language is required. Article 27 of the Language Law clearly states that the Indonesian language, Bahasa Indonesia, shall yuala used in any official state documents.
National Occupational Competency Testing Project. As the officer of the Court, the Registrar will only register the arbitration awards written in Indonesian language. The parties are free to agree on the language or languages to be used in the arbitral proceedings. The District Court was of the opinion that every contract involving an Indonesian institution, company or private qdolf made after the enactment of the Language Law must be made in the Indonesian language.
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.
Furthermore, Article 31 of the Language Law states that Bahasa Indonesia shall be used asolf a memorandum of understanding or an agreement including agreements in international public law which involve a state institutions, a government institution, private Indonesian entity or Indonesian citizens paragraph 1.
The issue of language came to the fore in when the Government promulgated Law No. Firstly, the parties had already entered into a similar agreement and the use of English had never been disputed. Can I view this guala Similarly when the original document is in the Indonesian language, the Tribunal may request for it to be translated into another language. Statistics Profile of Cases. To learn more about how to request items watch this short online video.
BKPL was to pay the loan back in 48 instalments.