Online Arbitration as a New Way of Business Dispute Settlement in Indonesia (original) (raw)
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“Online Arbitration”; Comparative Analysis
2020
Advancement in technology must be used to benefit human life. On among the issues is that technology must be used to create more efficient and effective disputes resolutions through arbitration. Arbitration need to resolve the disputes in a faster and cheaper procedure. Nowadays, arbitration shall be able to be conducted by online system, without the requirement for the parties and tribunal to meet face to face. This research aimed to explain the concept and the method of online arbitration and to seek the possibility to be introduced in the amendment of Law No.30 Year 1999 regarding Arbitration and Alternative Dispute Resolution. This research used secondary data. It used qualitative and comparative approach to analyze and discuss all data obtained through a literature review, to provide conclusions. Researchers find that online arbitration can be fit in and used in Indonesia however some consideration must be attended in view of amendment of the Law Number 30 Year 1999 regarding Arbitration and Alternative Dispute Resolution.
E-Commerce Dispute Settlement Through Online Arbitration in Indonesia
International Journal of Ethnoscience, Bio-Informatic, Innovation, Invention and Techno-Science
Many entrepreneurs have begun to look at dispute resolution through arbitration, because they think that arbitration is much faster and does not cost a lot of money. Moreover, the image owned by the company will not be damaged if the settlement is carried out using arbitration because of the public perception that arbitration is a peaceful way to resolve a problem. This research was conducted to find out whether there was a legal umbrella provided by the Government of Indonesia as a guarantee of rights to its citizens regarding the implementation of this online arbitration, and it was found that the legal umbrella that is owned is not strong and only uses the legal basis of arbitration in general, so the authors suggest for the creation of a legal umbrella regarding online arbitration considering that currently there are many cases of e-commerce disputes that occur in Indonesia Keywords: Arbitration, Dispute, E-Commerce
Contemporary Vision of International Rules on Electronic Arbitration in Dispute Resolution
Journal of Law and Legal Reform, 2021
Electronic arbitration and the resulting electronic decisions are among the most important modern means of resolving disputes between the parties to the contractual relationship. Since the electronic arbitration decision rendered by the arbitrator or arbitration body is made electronically (either in writing or by signature), it requires the availability of the legal rules for its regulation. However, majority of the rules are in the legislation of the various countries of the world. It is obliged to lose party in this decision to implement judicial commitment or by alternative means dealt by the traditional legal systems. These aspects highlighted the need of focusing on the effectiveness of the electronic arbitration decision that is the subject of present study. The study focuses on global and intangible nature of electronic commerce, where there is no specific place. A special law is required to ensure the legal security sought by entrepreneurs.
Commercial Business Dispute Settlement Through Online Non-Litigation Dispute Settlement in Indonesia
Lambung Mangkurat Law Journal, 2021
The purpose of the research entitled Settlement of Commercial Business Disputes through Online Non-Litigation Dispute Resolution in Indonesia is to analyze the mechanism for resolving commercial business disputes through non-litigation in the form of ODR in Indonesia and its legal consequences. The research method is in the form of normative legal research, which is a method that uses statutory regulations, which are then analyzed and drawn conclusions from general matters into a specific conclusion. The results of the research obtained are, First: that the legal basis that contains and states implicitly regarding matters relating to ODR is contained in Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, namely, the contents of the legal regulations also do not provide much clarity. Details on how the conditions for ODR are carried out, the ODR mechanism, and other explanations. Second, the Inconsistency Norm that occurs in regulations relating to disput...
Jurnal Undang-undang dan Masyarakat, 2020
The article is motivated by the practical preference from conventional alternative dispute resolution to online dispute resolution as information and communication technology progresses, especially in electronic commerce. It aims to provide a concept about the fore on regulations of online dispute resolution as an alternative dispute resolution applicable to electronic commerce in Indonesia. This normative legal research which uses statute and comparative approach provides an explanation on the importance of regulating online dispute resolution so as to give legal certainty and legal protection to consumers of electronic commerce.
Arbitration: Understanding It in Theory and Indonesian Practice
Hasanuddin Law Review
Cross-border transactions have always attracted legal risks. Cross-border legal issues are emerging as a separate area of commercial risk that needs to be more precisely identified and better managed. Many cases of injury to multinational companies which would formerly have been pursued as a diplomatic claim by the nation state of the company are now resolved by arbitration between the company and the respondent state. Arbitration is one of dispute settlement bodies to resolve some issues particular trade, business, investment, and financial issues. Those issues are shaping the range and significance of the cross-border legal issue. Those issues also become a crucial issue to be dealt with the arbitral institution. The reason why the parties of contract choose arbitration is because of the place of arbitration, neutrality, confidentiality, cost and speed, recognition and enforcement of arbitral awards, refusing of arbitral awards, a model of arbitration, and arbitration institution....
The Formation of the E-Arbitration Agreement in the Digital World
Innovative Technologica: Methodical Research Journal
To start with, the Internet and information technology have a practical influence on conflict resolution procedures: papers are instantly transferred to arbitrators at a low cost, and parties avoid paying travel expenditures. Electronic papers provide substantial benefits to arbitrators, particularly when the parties' submissions are voluminous, because they may do a keyword search without having to study the full file. Furthermore, arbitrators are already making extensive use of modern technologies. Aside from the regular usage of information technology (IT) equipment, the Internet has had a significant influence on dispute resolution methods. Although conventional alternative dispute resolution depended on interviews and meetings between plaintiffs and the arbitrator or mediator, the Internet increasingly facilitates distant conflict settlement.
Online Arbitration: A Vehicle for Dispute Resolution in Electronic Commerce
SSRN Electronic Journal, 2012
In recent years, the importance of electronic trade in digital content has become evident. However, this new phenomenon has brought new challenges with itself in various areas, which demands fast and efficient responses. While litigation has lots of limitations and deficiencies, alternative means have been suggested and formulated to complement the dispute resolution system. Among (ADR) systems, Arbitration is the most widely used (ADR) mechanism for resolving disputes in electronic commercial matters. Online arbitration is fully admissible and effective under the current legal framework of many countries, provided that certain requirements are met. This paper examines the advantages of online arbitration and methods of its performance in cyberspace. It concludes that online arbitration is a valid and effective method of dispute resolution and the arbitral awards given by online arbitration are enforceable under the rules of New York Convention.
The electronic contract is governed by the general rules and provisions that are governed by the general theory of the contract. It is agreed between the parties to the contract, but it is characterized as a telecommuting contract between absentees using electronic media. There is no doubt that these characteristics that characterize the electronic contract influence their legal system and make it have some special rules. It is known that the normal way to resolve all disputes is the formal judiciary. The national legislation for the resolution of international disputes has established rules called international jurisdiction, but in the face of the many problems faced by the judiciary in solving the disputes of international electronic commerce, a new institution called Electronic Arbitration has been able to provide solutions for a range of problems that were floundering. This study aims to study the legal framework regulating electronic arbitration and its role in resolving international trading contracts disputes by exploring previous studies and international laws on this subject.