Pembatalan Putusan Arbitraseinternasional Oleh Peradilan Negeri

Mahardikka, Nico (2012) Pembatalan Putusan Arbitraseinternasional Oleh Peradilan Negeri. S1 thesis, Universitas Andalas.

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Abstract

Arbitration is a dispute settlement institution of the most popular today.The nature of the final and binding arbitration award, where the final and binding and can not be execution ofother legal measures. However, As is often the case of annulment of the award, in particular the decision of international arbitration,annulment is a remedy that can be done against the decision of international arbitration. The legal consequences of the annulment decision shall lose strength eksekutorialnya that arbitration proceedings must repeat again (re-arbitrate), the annulment of an international arbitral award is contrary to the principles of the Final and Binding which are set in Article III of the New York Convention andArticle 54 paragraph 1ICSID Convention, the annulment of the question, whether the district court has the authority to overturn the arbitration award, and how can I make this decision does not need to be annulment. In this research, the authors used the method of normative juridical approach. The authors combine data from the literature of law and existing legislation. Then conducted an analysis of existing cases to make a conclusion. Research by the author get the result that the court's Jurisdiction is not the primary or secondary jurisdiction can not do the annulment of an international arbitration award and how best to make this decision does not need to be annulment. The conclusion was that the district court of each state jurisdiction is not the primary or secondary jurisdiction has no authority to overturn the decision of international arbitration, the district court only has authority to refuse the enforcement of international arbitration. Besides the best way to avoid the annulment is to recognize and enforce an international arbitration the dispute so as not prolonged.

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