Supreme Court Regulation No. 3 of 2023 on Procedure for Appointment of Arbitrator by the Court, Right to Challenge, Examination of Application for Execution, and Annulment of Arbitral Award
In general, arbitration procedures are regulated under Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution (“Arbitration Law”).
In the last quarter of 2023, the Supreme Court issued SC Regulation No. 3/2023. As part of the regulatory framework under Arbitration Law, this regulation sets out further details in arbitration procedures, among others, the court-ordered appointment of arbitrators, right to challenge, and the enforcement as well as the annulment of arbitral awards.
Key Provisions of SC Regulation No.3/2023
1. Recognition of Sharia Arbitration;
2. Appointment of Arbitrator and Right to Challenge;
3. Registration and Enforcement of Arbitral Award; and
4. Annulment of Arbitral Award;
This regulation aims to streamline arbitration processes and ensure clarity and fairness in the resolution of disputes through both conventional and Sharia arbitration mechanisms.
On 16 October 2023, the Constitutional Court granted the judicial review petition on Article 169 letter q of Law No. 7 of 2017 concerning Elections through Constitutional Court Decision No. 90/PUU-XXI/2023. Despite the final and binding nature of the Constitutional Court's decision, which opens the opportunity for presidential (Capres) and vice-presidential (Cawapres) candidates under the age of 40 who have held or are holding regional leadership positions, this decision has sparked controversy among various groups. Among them, civil society coalitions have expressed concern that this decision may undermine the electoral process. The decision is feared to have implications on a democratic system in Indonesia. Find out more our insights about this topic in our Legal Brief publication.
The document discusses alternative dispute resolution through arbitration. It addresses the number of arbitrators that can be appointed, which is determined by the arbitration agreement but defaults to one arbitrator for domestic arbitration and three for international arbitration. It outlines the process for appointing arbitrators, including by agreement of the parties, each party appointing one, or appointment by the Director of KLRCA or High Court if agreement cannot be reached. It describes the grounds and process for challenging an arbitrator, as well as the typical processes involved in an arbitration proceeding, including exchanging statements, conducting hearings, closing the case, and rendering a final written award.
Section 34 of the Arbitrationand Conciliation Act. Scope of interference. Po...Legal
Scope of Interference under Section 34 of the Arbitration and Conciliation Act. Under which circumstances Court can interfere with an award passed by the arbitral tribunal.
1) The document discusses various provisions and case laws related to the appointment of arbitrators under Section 11 of the Arbitration and Conciliation Act, 1996.
2) It notes that under Section 11(6), if the parties have agreed on an appointment procedure, the court must take necessary measures to implement that procedure rather than directly appoint an arbitrator.
3) The document also discusses cases related to issues like limitation, jurisdiction of courts to appoint arbitrators, and maintaining arbitration agreements.
1) The document is a court order from the Allahabad High Court regarding an anticipatory bail application filed by Prateek Jain who is accused in a criminal case of fraud and cheating.
2) The court notes that due to the ongoing Covid-19 pandemic, the hearing is being conducted virtually. It also discusses the provisions around anticipatory bail in the CrPC and relevant case laws.
3) In its order, the court considers the arguments made by both sides and then discusses how it will exercise its discretion in light of the circumstances around the case as well as the current pandemic situation.
1) The document is a court order from the Allahabad High Court regarding an anticipatory bail application filed by Prateek Jain who is accused in a criminal case of fraud and cheating.
2) The court notes that due to the ongoing Covid-19 pandemic, the hearing is being conducted virtually. It also discusses the provisions around anticipatory bail applications in the CrPC.
3) In its order, the court considers the arguments made by the defense and prosecution and ultimately decides to grant anticipatory bail to the applicant while imposing certain conditions.
This document is an order from the Madras High Court regarding a petition filed about guidelines for enrolling law graduates from other states to the Bar Council of Tamil Nadu. The order notes examples provided of candidates enrolled despite criminal cases, misrepresentations, or violating age limit rules for law college admission. It directs the Bar Council of Tamil Nadu to investigate such violations in other enrollments, suspend candidates if needed, and remove them after inquiry if warranted based on the powers granted to Bar Councils in the Advocates Act and Legal Education Rules.
Alternate Dispute Resolution Project for Law students (HNLU)AniruddhaMishra10
The document discusses various provisions of the Arbitration and Conciliation Act, 1996 relating to the competence and jurisdiction of arbitral tribunals in India. Some key points:
1. Section 16 provides that the arbitral tribunal has the power to rule on its own jurisdiction, including objections to the validity of the arbitration agreement. A decision rejecting a plea can be challenged through an application to set aside the arbitral award.
2. The tribunal is to treat parties equally and give each a full opportunity to present their case per Section 18.
3. Sections 19-26 cover determination of procedures, place of arbitration, commencement, language, statements of claim/defense, hearings, default of
On 16 October 2023, the Constitutional Court granted the judicial review petition on Article 169 letter q of Law No. 7 of 2017 concerning Elections through Constitutional Court Decision No. 90/PUU-XXI/2023. Despite the final and binding nature of the Constitutional Court's decision, which opens the opportunity for presidential (Capres) and vice-presidential (Cawapres) candidates under the age of 40 who have held or are holding regional leadership positions, this decision has sparked controversy among various groups. Among them, civil society coalitions have expressed concern that this decision may undermine the electoral process. The decision is feared to have implications on a democratic system in Indonesia. Find out more our insights about this topic in our Legal Brief publication.
The document discusses alternative dispute resolution through arbitration. It addresses the number of arbitrators that can be appointed, which is determined by the arbitration agreement but defaults to one arbitrator for domestic arbitration and three for international arbitration. It outlines the process for appointing arbitrators, including by agreement of the parties, each party appointing one, or appointment by the Director of KLRCA or High Court if agreement cannot be reached. It describes the grounds and process for challenging an arbitrator, as well as the typical processes involved in an arbitration proceeding, including exchanging statements, conducting hearings, closing the case, and rendering a final written award.
Section 34 of the Arbitrationand Conciliation Act. Scope of interference. Po...Legal
Scope of Interference under Section 34 of the Arbitration and Conciliation Act. Under which circumstances Court can interfere with an award passed by the arbitral tribunal.
1) The document discusses various provisions and case laws related to the appointment of arbitrators under Section 11 of the Arbitration and Conciliation Act, 1996.
2) It notes that under Section 11(6), if the parties have agreed on an appointment procedure, the court must take necessary measures to implement that procedure rather than directly appoint an arbitrator.
3) The document also discusses cases related to issues like limitation, jurisdiction of courts to appoint arbitrators, and maintaining arbitration agreements.
1) The document is a court order from the Allahabad High Court regarding an anticipatory bail application filed by Prateek Jain who is accused in a criminal case of fraud and cheating.
2) The court notes that due to the ongoing Covid-19 pandemic, the hearing is being conducted virtually. It also discusses the provisions around anticipatory bail in the CrPC and relevant case laws.
3) In its order, the court considers the arguments made by both sides and then discusses how it will exercise its discretion in light of the circumstances around the case as well as the current pandemic situation.
1) The document is a court order from the Allahabad High Court regarding an anticipatory bail application filed by Prateek Jain who is accused in a criminal case of fraud and cheating.
2) The court notes that due to the ongoing Covid-19 pandemic, the hearing is being conducted virtually. It also discusses the provisions around anticipatory bail applications in the CrPC.
3) In its order, the court considers the arguments made by the defense and prosecution and ultimately decides to grant anticipatory bail to the applicant while imposing certain conditions.
This document is an order from the Madras High Court regarding a petition filed about guidelines for enrolling law graduates from other states to the Bar Council of Tamil Nadu. The order notes examples provided of candidates enrolled despite criminal cases, misrepresentations, or violating age limit rules for law college admission. It directs the Bar Council of Tamil Nadu to investigate such violations in other enrollments, suspend candidates if needed, and remove them after inquiry if warranted based on the powers granted to Bar Councils in the Advocates Act and Legal Education Rules.
Alternate Dispute Resolution Project for Law students (HNLU)AniruddhaMishra10
The document discusses various provisions of the Arbitration and Conciliation Act, 1996 relating to the competence and jurisdiction of arbitral tribunals in India. Some key points:
1. Section 16 provides that the arbitral tribunal has the power to rule on its own jurisdiction, including objections to the validity of the arbitration agreement. A decision rejecting a plea can be challenged through an application to set aside the arbitral award.
2. The tribunal is to treat parties equally and give each a full opportunity to present their case per Section 18.
3. Sections 19-26 cover determination of procedures, place of arbitration, commencement, language, statements of claim/defense, hearings, default of
This document is an order from the High Court of Gujarat regarding two petitions challenging sections of the Gujarat Freedom of Religion Act, 2003 as amended in 2021. The court heard arguments from both petitioners and the state government. While the full case is still pending, the court issued an interim order stating that pending further hearings, marriages solemnized between people of different religions without force, allurement or fraud cannot be termed unlawful conversions under the Act, and the couples cannot be prosecuted under the related sections merely for having an inter-faith marriage. The court found that the amended Act could infringe upon individuals' rights to marriage and religious choice under the Constitution.
This document is an order from the High Court of Gujarat regarding two petitions challenging sections of the Gujarat Freedom of Religion Act, 2003 as amended in 2021. The court heard arguments from both sides and decided to grant an interim stay on the operation of certain sections of the amended Act. Specifically, the court ruled that pending further hearings, marriages solemnized between people of different religions without force, allurement or fraud cannot be termed unlawful conversions under the Act in order to protect interfaith couples from harassment. The court found that the amended Act interferes with individuals' right to marriage and religious choice under the Constitution of India. It set the next hearing date as September 30th.
The Supreme Court held that:
1) The Special Court established under the Special Court Act has the power to grant pardon to accused persons, as Sections 306 and 307 of the Code of Criminal Procedure apply to its proceedings.
2) There is no inconsistency or express exclusion of the Code provisions empowering the grant of pardon in the Special Court Act.
3) While some procedural provisions of the Code may not apply due to differences in the Acts, this does not negate the Special Court's power to grant pardons at its discretion.
The document discusses the concept of bail in Indian criminal jurisprudence. It provides definitions of bail and discusses the provisions related to bail in the Code of Criminal Procedure. It notes that bail is meant to ensure the appearance of the accused person in court. The document outlines the factors considered for granting bail like the nature of the offense and evidence. It discusses the powers of High Courts and Sessions Courts to grant bail. It also examines the relationship between bail provisions and Article 21 of the Indian Constitution regarding personal liberty. Important case laws related to bail are also summarized.
The document discusses the Debt Recovery Tribunal Act and the establishment of Debt Recovery Tribunals in India. Key points:
- Debt Recovery Tribunals were established in 1993 through the Recovery of Debts due to Banks and Financial Institutions Act to help banks and financial institutions recover loans from defaulting borrowers in an effective manner.
- Each tribunal consists of a single presiding officer, who must be qualified to be a district judge. They have the same powers as a civil court in trying cases.
- The primary role of DRTs is to receive and decide applications from banks and financial institutions for recovering debts over Rs. 10 lakhs. Appeals against DRT orders can be made to Debt
The Supreme Court of India allowed the appeal challenging the conviction of the appellant in a cheque bouncing case.
The Court held that the lower courts erred in denying the appellant the right to cross-examine the complainant, as the relevant statute did not permit such a denial due to failure to pay interim compensation. The Court set aside the decisions of the lower courts and directed that the case be restored to allow cross-examination of the complainant, and for further proceedings. The Court also directed the appellant to deposit 20% of the cheque amount as interim compensation.
1) Enforcing foreign arbitral awards in India can involve delays, as the court must first determine that the award is valid and enforceable before deeming it a decree. This requires separate legal proceedings.
2) Once deemed a decree, the award can then be executed according to civil procedure code, which allows many opportunities for delays through notices, objections, and stays.
3) The author argues that arbitration is meant to provide speedy dispute resolution, but execution according to the civil procedure code can take decades and defeat this purpose. Simpler and stricter penal consequences for non-compliance could help ensure awards are enforced in a timely manner.
The Supreme Court allowed a writ petition challenging detention of a petitioner under the National Security Act, 1980. The petitioner was detained based on two FIRs related to obstructing revenue officials and threatening them, but the Court found no evidence to justify detention under the Act, which is meant for anti-social and anti-national elements that pose a grave threat to national security, public order or essential services. The Court quashed the detention proceedings and directed that the petitioner be released from jail immediately.
The document discusses the dismissal of petitions and assumption of suo motu jurisdiction regarding holding elections in Punjab and KPK provinces. It provides reasoning for the dismissal based on 3 grounds: 1) binding principles set regarding Article 184(3) jurisdiction, 2) caution needed in political matters to avoid bias appearances, and 3) conduct and intentions of political stakeholders approaching the court. It summarizes the political events and prior court proceedings that led to the petitions being filed. It concludes by reiterating that the Lahore High Court had already made a ruling and the Supreme Court should not undermine the High Court's competence by interfering.
(1) The accused was charged with contempt of court under section 797 of the Civil Procedure Code and acquitted by the District Court. The appellant appealed the acquittal.
(2) The accused objected that the appeal was not valid as it did not have the written consent of the Attorney General, as required by section 318 of the Criminal Procedure Code for appeals against acquittals.
(3) The judge examined the relevant laws and precedents. He determined that section 318, requiring the Attorney General's consent, should be followed mutatis mutandis for appeals against acquittals by the District Court under section 798 of the Civil Procedure Code. As the appellant did not obtain consent, the preliminary
Reference Against Justice Mansoor Ali ShahZaheer Abbas
Reference Against Justice Mansoor Ali Shah
COMPLAINT REGARDING ALLEGED MISCONDUCT OF HON’BLE MR. JUSTICE SYED MANSOOR ALI SHAH, JUDGE, LAHORE HIGH COURT, LAHORE FOR ACTION IN ACCORDANCE WITH ARTICLE 209 OF THE CONSTITUTION READ WITH CODE OF CONDUCT FOR JUDGES OF THE SUPREME COURT AND THE HIGH COURTS AND THE SUPREME JUDICIAL COUNCIL PROCEDURE OF INQUIRY, 2005
The Supreme Court of India allowed an appeal challenging the judgment of the High Court of Madhya Pradesh. The appellants were arrested in connection with offenses under the Unlawful Activities (Prevention) Act and sought bail after 90 days as no chargesheet was filed. The High Court had rejected bail, noting the extension granted to the investigation. However, the Supreme Court held that under its previous judgment, the Magistrate does not have jurisdiction to extend time for UAPA offenses. Therefore, the appellants were entitled to default bail as the investigation was not completed within the prescribed time period. The Court directed the appellants be released on bail and for the trial to be concluded expeditiously.
The Supreme Court of India allowed an appeal challenging the judgment of the High Court of Madhya Pradesh. The appellants were arrested in connection with offenses under the Unlawful Activities (Prevention) Act and sought bail after 90 days as no chargesheet was filed. The High Court had rejected bail, noting the extension granted to the investigation. However, the Supreme Court held that under its previous judgment, the Magistrate did not have jurisdiction to extend the investigation period for UAPA offenses. Therefore, the appellants were entitled to default bail as the investigation was not completed within the prescribed period. The Court directed the appellants be released on bail and for the trial to be concluded expeditiously.
The document summarizes UAE's Civil Procedure Code related to arbitration. Some key points:
1. Parties to a contract can agree in writing to refer any disputes to arbitration. Arbitration is not permitted for matters that cannot be reconciled or for disputes over rights parties are not legally entitled to dispose of.
2. If an arbitrator refuses or is unable to serve, the court will appoint a replacement at the request of one of the parties.
3. Arbitrators must issue an award in writing within 6 months unless parties agree to an extension. The award must be approved by the court to be enforced. Parties can request to nullify the award for specific reasons.
The document discusses the procedure for enforcing foreign arbitration awards in Indian courts. It notes that foreign awards must first be recognized by an Indian court as a foreign decree before they can be enforced. The court examines the award to ensure it is valid and not against public policy. Once recognized, the foreign award has the same status as an Indian court decree and can be enforced through the lengthy and complex execution procedures under the Code of Civil Procedure. The document argues that streamlining the execution process could help reduce delays and better achieve arbitration's goal of efficient dispute resolution.
The Intricacies of Proceedings in the Constitutional Court.pdfAHRP Law Firm
The Constitutional Court, as one of the judicial power institutions, has the features of protecting and maintaining the 1945 Indonesian Constitution through diverse attribution authorities. Recently, the Constitutional Court has become the object of public dialogue due to numerous events, specifically on the 2024 presidential election dispute. Henceforth, a comprehensive illustration of Constitutional Court duties and procedures, with additional insight of precedent of disputes adjudicated by the Constitutional Court would be favorable for public knowledge in light of the recent issues. Find out more of our insights about this topic Legal Brief publication.
This document outlines guidelines for decongesting holding jails in accordance with the rights of accused persons to bail and a speedy trial. It discusses Sections 5 and 16 of Rule 114 of the Rules of Court and Sections 5-6 and 10 of the Recognizance Act (RA 10389). RA 10389 allows for the release of indigent accused persons on their own recognizance to a qualified custodian before or after conviction in lower courts. It establishes procedures for application, requirements, qualifications of custodians, and the role of probation officers in monitoring released persons.
The document discusses key aspects of arbitration law in India, including the Arbitration and Conciliation Act of 1996 and subsequent amendments. It outlines objectives of the amendments such as minimizing court supervision of arbitrations and allowing arbitral tribunals to use mediation and conciliation. Benefits of arbitration for parties include flexibility in procedure and choice of location and laws. The document also describes when courts can intervene in arbitrations and sets out requirements for arbitration agreements and awards.
Ketentuan baru mengenai kepemilikan properti oleh orang asing menimbulkan beberapa pertanyaan. PP 18/2021 dianggap bertentangan dengan UU Rusun dan UUPA karena memperkenankan orang asing memiliki sarusun di atas HGB. Beberapa batasan kepemilikan properti oleh orang asing juga belum diatur dengan jelas.
Hukum Perumahan dan Hukum Rumah Susun Pasca UU Cipta Kerja
Pendahuluan
Pada awalnya, pengaturan mengenai Perumahan dan Kawasan Permukiman dapat ditemukan dalam Undang-Undang Nomor 1 Tahun 2011 tentang Perumahan dan Kawasan Permukiman (“UU No.1/2011”). Namun, sejak diundangkannya Undang Undang Nomor 11 Tahun 2020 tentang Cipta Kerja (“UU No. 11/2020”), UU No. 1/2011 mengalami beberapa perubahan.
Perencanaan dan Perancangan Rumah
UU No.1/2011
Perencanaan dan perancangan rumah harus memenuhi persyaratan teknis, administratif, tata ruang, dan ekologis.
UU No.11/2020
Hasil perencanaan dan perancangan rumah harus memenuhi standar.
Perencanaan dan Perancangan PSU
UU No.1/2011
Perencanaan prasarana, sarana, dan utilitas umum harus memenuhi persyaratan administratif, teknis, dan ekologis.
UU No.11/2020
Perencanaan prasarana, sarana, dan utilitas umum harus memenuhi standar.
Hunian Berimbang
UU No. 1/2011
Tidak diatur mengenai konversi Hunian Berimbang (kecuali untuk rusun umum).
UU No. 11/2020
Dalam hal rumah sederhana tidak dapat dibangun dalam bentuk rumah tunggal atau rumah deret, dapat dikonversi dalam:
a. bentuk rumah susun umum yang dibangun dalam satu hamparan yang sama; atau
b. bentuk dana untuk pembangunan rumah umum.
More Related Content
Similar to Supreme Court Regulation No. 3 of 2023 on Procedure for Appointment of Arbitrator by the Court, Right to Challenge, Examination of Application for Execution, and Annulment of Arbitral Award
This document is an order from the High Court of Gujarat regarding two petitions challenging sections of the Gujarat Freedom of Religion Act, 2003 as amended in 2021. The court heard arguments from both petitioners and the state government. While the full case is still pending, the court issued an interim order stating that pending further hearings, marriages solemnized between people of different religions without force, allurement or fraud cannot be termed unlawful conversions under the Act, and the couples cannot be prosecuted under the related sections merely for having an inter-faith marriage. The court found that the amended Act could infringe upon individuals' rights to marriage and religious choice under the Constitution.
This document is an order from the High Court of Gujarat regarding two petitions challenging sections of the Gujarat Freedom of Religion Act, 2003 as amended in 2021. The court heard arguments from both sides and decided to grant an interim stay on the operation of certain sections of the amended Act. Specifically, the court ruled that pending further hearings, marriages solemnized between people of different religions without force, allurement or fraud cannot be termed unlawful conversions under the Act in order to protect interfaith couples from harassment. The court found that the amended Act interferes with individuals' right to marriage and religious choice under the Constitution of India. It set the next hearing date as September 30th.
The Supreme Court held that:
1) The Special Court established under the Special Court Act has the power to grant pardon to accused persons, as Sections 306 and 307 of the Code of Criminal Procedure apply to its proceedings.
2) There is no inconsistency or express exclusion of the Code provisions empowering the grant of pardon in the Special Court Act.
3) While some procedural provisions of the Code may not apply due to differences in the Acts, this does not negate the Special Court's power to grant pardons at its discretion.
The document discusses the concept of bail in Indian criminal jurisprudence. It provides definitions of bail and discusses the provisions related to bail in the Code of Criminal Procedure. It notes that bail is meant to ensure the appearance of the accused person in court. The document outlines the factors considered for granting bail like the nature of the offense and evidence. It discusses the powers of High Courts and Sessions Courts to grant bail. It also examines the relationship between bail provisions and Article 21 of the Indian Constitution regarding personal liberty. Important case laws related to bail are also summarized.
The document discusses the Debt Recovery Tribunal Act and the establishment of Debt Recovery Tribunals in India. Key points:
- Debt Recovery Tribunals were established in 1993 through the Recovery of Debts due to Banks and Financial Institutions Act to help banks and financial institutions recover loans from defaulting borrowers in an effective manner.
- Each tribunal consists of a single presiding officer, who must be qualified to be a district judge. They have the same powers as a civil court in trying cases.
- The primary role of DRTs is to receive and decide applications from banks and financial institutions for recovering debts over Rs. 10 lakhs. Appeals against DRT orders can be made to Debt
The Supreme Court of India allowed the appeal challenging the conviction of the appellant in a cheque bouncing case.
The Court held that the lower courts erred in denying the appellant the right to cross-examine the complainant, as the relevant statute did not permit such a denial due to failure to pay interim compensation. The Court set aside the decisions of the lower courts and directed that the case be restored to allow cross-examination of the complainant, and for further proceedings. The Court also directed the appellant to deposit 20% of the cheque amount as interim compensation.
1) Enforcing foreign arbitral awards in India can involve delays, as the court must first determine that the award is valid and enforceable before deeming it a decree. This requires separate legal proceedings.
2) Once deemed a decree, the award can then be executed according to civil procedure code, which allows many opportunities for delays through notices, objections, and stays.
3) The author argues that arbitration is meant to provide speedy dispute resolution, but execution according to the civil procedure code can take decades and defeat this purpose. Simpler and stricter penal consequences for non-compliance could help ensure awards are enforced in a timely manner.
The Supreme Court allowed a writ petition challenging detention of a petitioner under the National Security Act, 1980. The petitioner was detained based on two FIRs related to obstructing revenue officials and threatening them, but the Court found no evidence to justify detention under the Act, which is meant for anti-social and anti-national elements that pose a grave threat to national security, public order or essential services. The Court quashed the detention proceedings and directed that the petitioner be released from jail immediately.
The document discusses the dismissal of petitions and assumption of suo motu jurisdiction regarding holding elections in Punjab and KPK provinces. It provides reasoning for the dismissal based on 3 grounds: 1) binding principles set regarding Article 184(3) jurisdiction, 2) caution needed in political matters to avoid bias appearances, and 3) conduct and intentions of political stakeholders approaching the court. It summarizes the political events and prior court proceedings that led to the petitions being filed. It concludes by reiterating that the Lahore High Court had already made a ruling and the Supreme Court should not undermine the High Court's competence by interfering.
(1) The accused was charged with contempt of court under section 797 of the Civil Procedure Code and acquitted by the District Court. The appellant appealed the acquittal.
(2) The accused objected that the appeal was not valid as it did not have the written consent of the Attorney General, as required by section 318 of the Criminal Procedure Code for appeals against acquittals.
(3) The judge examined the relevant laws and precedents. He determined that section 318, requiring the Attorney General's consent, should be followed mutatis mutandis for appeals against acquittals by the District Court under section 798 of the Civil Procedure Code. As the appellant did not obtain consent, the preliminary
Reference Against Justice Mansoor Ali ShahZaheer Abbas
Reference Against Justice Mansoor Ali Shah
COMPLAINT REGARDING ALLEGED MISCONDUCT OF HON’BLE MR. JUSTICE SYED MANSOOR ALI SHAH, JUDGE, LAHORE HIGH COURT, LAHORE FOR ACTION IN ACCORDANCE WITH ARTICLE 209 OF THE CONSTITUTION READ WITH CODE OF CONDUCT FOR JUDGES OF THE SUPREME COURT AND THE HIGH COURTS AND THE SUPREME JUDICIAL COUNCIL PROCEDURE OF INQUIRY, 2005
The Supreme Court of India allowed an appeal challenging the judgment of the High Court of Madhya Pradesh. The appellants were arrested in connection with offenses under the Unlawful Activities (Prevention) Act and sought bail after 90 days as no chargesheet was filed. The High Court had rejected bail, noting the extension granted to the investigation. However, the Supreme Court held that under its previous judgment, the Magistrate does not have jurisdiction to extend time for UAPA offenses. Therefore, the appellants were entitled to default bail as the investigation was not completed within the prescribed time period. The Court directed the appellants be released on bail and for the trial to be concluded expeditiously.
The Supreme Court of India allowed an appeal challenging the judgment of the High Court of Madhya Pradesh. The appellants were arrested in connection with offenses under the Unlawful Activities (Prevention) Act and sought bail after 90 days as no chargesheet was filed. The High Court had rejected bail, noting the extension granted to the investigation. However, the Supreme Court held that under its previous judgment, the Magistrate did not have jurisdiction to extend the investigation period for UAPA offenses. Therefore, the appellants were entitled to default bail as the investigation was not completed within the prescribed period. The Court directed the appellants be released on bail and for the trial to be concluded expeditiously.
The document summarizes UAE's Civil Procedure Code related to arbitration. Some key points:
1. Parties to a contract can agree in writing to refer any disputes to arbitration. Arbitration is not permitted for matters that cannot be reconciled or for disputes over rights parties are not legally entitled to dispose of.
2. If an arbitrator refuses or is unable to serve, the court will appoint a replacement at the request of one of the parties.
3. Arbitrators must issue an award in writing within 6 months unless parties agree to an extension. The award must be approved by the court to be enforced. Parties can request to nullify the award for specific reasons.
The document discusses the procedure for enforcing foreign arbitration awards in Indian courts. It notes that foreign awards must first be recognized by an Indian court as a foreign decree before they can be enforced. The court examines the award to ensure it is valid and not against public policy. Once recognized, the foreign award has the same status as an Indian court decree and can be enforced through the lengthy and complex execution procedures under the Code of Civil Procedure. The document argues that streamlining the execution process could help reduce delays and better achieve arbitration's goal of efficient dispute resolution.
The Intricacies of Proceedings in the Constitutional Court.pdfAHRP Law Firm
The Constitutional Court, as one of the judicial power institutions, has the features of protecting and maintaining the 1945 Indonesian Constitution through diverse attribution authorities. Recently, the Constitutional Court has become the object of public dialogue due to numerous events, specifically on the 2024 presidential election dispute. Henceforth, a comprehensive illustration of Constitutional Court duties and procedures, with additional insight of precedent of disputes adjudicated by the Constitutional Court would be favorable for public knowledge in light of the recent issues. Find out more of our insights about this topic Legal Brief publication.
This document outlines guidelines for decongesting holding jails in accordance with the rights of accused persons to bail and a speedy trial. It discusses Sections 5 and 16 of Rule 114 of the Rules of Court and Sections 5-6 and 10 of the Recognizance Act (RA 10389). RA 10389 allows for the release of indigent accused persons on their own recognizance to a qualified custodian before or after conviction in lower courts. It establishes procedures for application, requirements, qualifications of custodians, and the role of probation officers in monitoring released persons.
The document discusses key aspects of arbitration law in India, including the Arbitration and Conciliation Act of 1996 and subsequent amendments. It outlines objectives of the amendments such as minimizing court supervision of arbitrations and allowing arbitral tribunals to use mediation and conciliation. Benefits of arbitration for parties include flexibility in procedure and choice of location and laws. The document also describes when courts can intervene in arbitrations and sets out requirements for arbitration agreements and awards.
Similar to Supreme Court Regulation No. 3 of 2023 on Procedure for Appointment of Arbitrator by the Court, Right to Challenge, Examination of Application for Execution, and Annulment of Arbitral Award (20)
Ketentuan baru mengenai kepemilikan properti oleh orang asing menimbulkan beberapa pertanyaan. PP 18/2021 dianggap bertentangan dengan UU Rusun dan UUPA karena memperkenankan orang asing memiliki sarusun di atas HGB. Beberapa batasan kepemilikan properti oleh orang asing juga belum diatur dengan jelas.
Hukum Perumahan dan Hukum Rumah Susun Pasca UU Cipta Kerja
Pendahuluan
Pada awalnya, pengaturan mengenai Perumahan dan Kawasan Permukiman dapat ditemukan dalam Undang-Undang Nomor 1 Tahun 2011 tentang Perumahan dan Kawasan Permukiman (“UU No.1/2011”). Namun, sejak diundangkannya Undang Undang Nomor 11 Tahun 2020 tentang Cipta Kerja (“UU No. 11/2020”), UU No. 1/2011 mengalami beberapa perubahan.
Perencanaan dan Perancangan Rumah
UU No.1/2011
Perencanaan dan perancangan rumah harus memenuhi persyaratan teknis, administratif, tata ruang, dan ekologis.
UU No.11/2020
Hasil perencanaan dan perancangan rumah harus memenuhi standar.
Perencanaan dan Perancangan PSU
UU No.1/2011
Perencanaan prasarana, sarana, dan utilitas umum harus memenuhi persyaratan administratif, teknis, dan ekologis.
UU No.11/2020
Perencanaan prasarana, sarana, dan utilitas umum harus memenuhi standar.
Hunian Berimbang
UU No. 1/2011
Tidak diatur mengenai konversi Hunian Berimbang (kecuali untuk rusun umum).
UU No. 11/2020
Dalam hal rumah sederhana tidak dapat dibangun dalam bentuk rumah tunggal atau rumah deret, dapat dikonversi dalam:
a. bentuk rumah susun umum yang dibangun dalam satu hamparan yang sama; atau
b. bentuk dana untuk pembangunan rumah umum.
Filsafat Hukum John Finnis Kewajiban Hukum dan Hukum tidak AdilLeks&Co
Filsafat hukum John Finnis membahas kewajiban hukum, hukum tidak adil, dan pengaruhnya. Ia membedakan kewajiban hukum secara moral dan legal, di mana kewajiban moral dapat berubah menurut ketidakadilan hukum, sedangkan legal tetap. Hukum tidak adil hanya menghilangkan kewajiban moral, bukan legal.
Hukum Perumahan dan Hukum Rumah Susun Pasca UU Cipta KerjaLeks&Co
Outline:
1. Perubahan istilah
2. Skala perumahan
3. Hunian berimbang
4. Dana konversi
5. PPJB
6. Sanksi administratif & pidana
Undang-Undang Nomor 1 Tahun 2011 tentang Perumahan dan Kawasan Permukiman (“UU No. 1/2011”) Pasca UU Cipta Kerja
Pada awalnya, pengaturan mengenai Perumahan dan Kawasan Permukiman dapat ditemukan dalam Undang-Undang Nomor 1 Tahun 2011 tentang Perumahan dan Kawasan Permukiman (“UU No.1/2011”). Namun, sejak diundangkannya Undang-Undang Nomor 11 Tahun 2020 tentang Cipta Kerja (“UU No. 11/2020”), UU No.1/2011 mengalami beberapa perubahan.
1. Rusun umum & alas hak rusun
2. Pemisahan & pertelaan
3. SHM & SKBG sarusun
4. P3SRS
5. Sanksi administratif & pidana
6. Perbandingan PP rusun
Perubahan Undang-Undang Nomor 20 Tahun 2011 tentang Rumah Susun(”UU No. 20/2011”) Pasca UU Cipta Kerja
Pada awalnya, pengaturan mengenai Rumah Susun dapat ditemukan dalam Undang-Undang Nomor 20 Tahun 2011 tentang Rumah Susun (“UU No.20/2011”). Namun, sejak diundangkannya Undang-Undang Nomor 11 Tahun 2020 tentang Cipta Kerja (“UU No. 11/2020”), UU No.20/2011 mengalami beberapa perubahan.
Outline
Perjanjian Kerja Waktu Tertentu
Alih Daya
Lembur
Pengupahan
Pemutusan Hubungan Kerja
Penggunaan Tenaga Kerja Asing
PKWT – Perubahan UU Ketenagakerjaan dalam UU Cipta Kerja
PKWT dibuat berdasarkan (i) jangka waktu, atau (ii) selesainya suatu pekerjaan tertentu;
Jangka waktu atau selesainya pekerjaan tertentu diatur dalam perjanjian kerja;
Ketentuan lebih lanjut PKWT diatur dalam Peraturan Pemerintah.
Alih Daya - Perubahan UU Ketenagakerjaan dalam UU Cipta Kerja
UU Cipta Kerja menghapus ketentuan mengenai:
penyerahan sebagian pekerjaan melalui perjanjian pemborongan pekerjaan atau perjanjian penyediaan jasa pekerja;
persyaratan pemborongan dan penyediaan jasa pekerja;
syarat-syarat pekerjaan yang dapat dilakukan pemborongan dan penyediaan jasa pekerja;
peralihan hubungan kerja dari perusahaan pemborongan/penyediaan jasa pekerja ke perusahaan pemberi pekerjaan dalam hal tidak dipenuhinya persyaratan penyerahan sebagian pelaksanaan pekerjaan...
Penyelesaian Sengketa Komersial Implementasi dalam Praktik dan Contoh KasusLeks&Co
Sengketa Komersial
Sengketa, persoalan, dan konflik yang timbul di antara para pihak yang timbul dalam ruang lingkup niaga atau perdagangan, antara lain:
perniagaan;
perbankan;
keuangan;
penanaman modal;
industri;
konstruksi;
dll.
Situasi dalam Sengketa Komersial
Setiap pihak bersengketa memiliki perspektif, kepentingan, sumber daya, aspirasi, dan ketakutan masing-masing.
Hampir sebagian besar pihak yang bersengketa tidak menikmati pengalaman bersengketa karena menguras energi.
Sengketa memaksa pihak yang bersengketa untuk berhubungan dengan pihak lain (lawan) yang sebenarnya tidak ingin ditemuinya.
Sengketa dapat memakan waktu panjang dan biaya yang besar bagi pihak bersengketa.
Tugas Lawyer Adalah Menjaga Kepentingan Kliennya
Menjadi “part of the solution, not part of the problem”.
Memahami aspek komersial dan praktik bisnis yang menjadi sengketa;
Mencari langkah-langkah penyelesaian sengketa dengan menganalisa risiko-risiko bagi klien.
Menganalisa dan nenyampaikan risiko-risiko yang dapat terjadi terkait pelaksanaan upaya hukum kepada klien agar klien dapat mengetahui konsekuensi yang dapat terjadi ke depan.
Hukum Pertanahan Pasca UU Cipta Kerja PP No 18 Tahun 2021Leks&Co
Hukum Pertanahan Pasca UU Cipta Kerja PP No. 18/2021
Outline
Hak Pengelolaan
Tanah Reklamasi
Hak Atas Tanah
Hak Guna Usaha
Hak Guna Bangunan
Hak Pakai
Pembatalan Hak atas Tanah
Satuan Rumah Susun
Properti untuk Orang Asing
Ruang Atas Tanah dan Ruang Bawah Tanah
Pendaftaran Tanah secara Elektronik
Kawasan dan Tanah Telantar
HPL
Ketentuan mengenai HPL diatur lebih lanjut di dalam Peraturan Pemerintah Nomor 18 Tahun 2021 Tentang Hak Pengelolaan, Hak atas Tanah, Satuan Rumah Susun, dan Pendaftaran Tanah (“PP No. 18/2021”)
Sejarah Pengaturan HPL
Sebelum ditetapkannya PP No. 18/2021, ketentuan mengenai HPL disinggung dalam Peraturan Pemerintah Nomor 40 Tahun 1996 tentang Hak Guna Usaha, Hak Guna Bangunan dan Hak Pakai atas Tanah (“PP No. 40/1996”) dan berbagai aturan lain
HPL didefinisikan PP No. 40/1996 sebagai hak menguasai dari Negara yang kewenangan pelaksanaannya sebagian dilimpahkan kepada pemegangnya.
Ketentuan mengenai subjek HPL serta tata cara permohonan dan pemberiannya diatur dalam Peraturan Menteri Negara Agraria/Kepala Badan Pertanahan Nasional No. 9 Tahun 1999 Tentang Pemberian dan Pembatalan Hak atas Tanah Negara dan Hak Pengelolaan (“Permenag No. 9/1999”)
PP No. 18/2021 juga memberikan definisi HPL sebagai hak menguasai dari Negara yang kewenangan pelaksanaannya sebagian dilimpahkan kepada pemegang HPL
HPL dapat berasal dari (i) tanah negara dan (i) tanah ulayat.
HPL di atas tanah negara diberikan sepanjang tugas pokok dan fungsinya langsung berhubungan dengan pengelolaan tanah
Dokumen tersebut membahas tentang penulisan hukum dan perancangan hukum (legal drafting). Ringkasannya adalah: (1) penulisan hukum penting untuk praktisi hukum seperti advokat dan hakim, (2) terdapat metode IRAC dan CRARC dalam penulisan hukum yang membahas issue, rule, application, dan conclusion, (3) perancangan hukum melibatkan proses pra-penulisan, penulisan, dan editing.
Sistem Perjanjian Pendahuluan Jual Beli RumahLeks&Co
Peraturan Menteri Pekerjaan Umum dan Perumahan Rakyat Nomor 11/PRT/M/2019 mengatur sistem perjanjian pendahuluan jual beli rumah (PPJB) yang mencabut dua peraturan sebelumnya. Peraturan ini mengatur ketentuan terkait pemasaran, PPJB, dan tanggapan kritis terhadap beberapa definisi dan ketentuan dalam peraturan.
Updated and revised edition: The Ownership of House and Resident by ForeignerLeks&Co
Franework
Legal basis;
Subject;
Object;
Terms and conditions;
Transfer of house and residence;
Mortgage rights of house or residence;
Termination of the ownership of house or residence;
Differences between the previous regulation and the current regulation; and
Conflicting regulations.
Association of Owner And Tenant of Condominium Unit (P3SRS)Leks&Co
The establishment of P3SRS must be facilitated by the developers no later than the end of transition period.
The transition period is at the latest 1 year from the first handover of condominium unit to the owner, despite that the condition all condominium units have not been sold.
The “facilitation” must consist of at least:
providing meeting rooms along with its supporting equipment, which must consist of at least tables, chairs, whiteboards/stationaries, microphones, and information/media boards for the owners and/or tenants.
providing ownership and/or tenancy data, along with the location of condominium units based on the record conducted by the developers.
supporting the administration and providing meals (consumption).
The establishment of P3SRS consists of the (i) preparation for the establishment, and (ii) implementation of establishment, with the funding that will be borne by the developer.
Perhimpunan Pemilik dan Penghuni Satuan Rumah SusunLeks&Co
Pembentukan P3SRS wajib difasilitasi oleh Pelaku Pembangunan paling lambat sebelum masa transisi berakhir.
Masa transisi ditetapkan paling lama 1 tahun sejak penyerahan pertama kali Sarusun kepada pemilik, tanpa dikaitkan dengan belum terjualnya Sarusun.
Pembentukan P3SRS terdiri atas Persiapan Pembentukan dan Pelaksanaan Pembentukan P3SRS yang pembiayaannya dibebankan kepada Pelaku Pembangunan.
Perizinan Berusaha di Indonesia Melalui OSSLeks&Co
Perizinan Berusaha Terintegrasi secara Elektronik atau OSS (Online Single Submission) adalah perizinan berusaha yang diterbitkan oleh Lembaga OSS untuk dan atas nama menteri, pimpinan lembaga, gubernur, atau bupati / wali kota kepada Pelaku Usaha melalui sistem elektronik yang terintegrasi.
Sistem OSS hanya merupakan sebuah platform perantara perizinan berusaha yang dikelola oleh Lembaga OSS yang bekerja sama dengan menteri, pimpinan lembaga, gubernur, atau bupati / wali kota sebagai pejabat-pejabat yang berwenang menerbitkan izin.
Jenis perizinan berusaha yang diurus melalui OSS terbagi menjadi Izin Usaha dan Izin Komersial atau Operasional.
Permasalahan Hukum di Sektor Perumahan/Properti di Indonesia dan Upaya Pengua...Leks&Co
Dokumen tersebut membahas berbagai topik terkait permasalahan hukum di sektor perumahan dan properti di Indonesia, termasuk dasar hukum pertanahan, implementasi peraturan, lembaga terkait, konsep otonomi daerah, profesi yang berhubungan, hal-hal yang perlu diperhatikan bank dan pengembang, serta upaya perlindungan konsumen."
Alternatif penyelesaian sengketa adalah lembaga penyelesaian sengketa atau beda pendapat melalui prosedur yang disepakati para pihak yang didasarkan pada itikad baik dengan mengesampingkan penyelesaian secara litigasi di pengadilan
Dokumen tersebut membahas tentang perjanjian sewa menyewa, termasuk ketentuan hukum, poin-poin umum dalam perjanjian, aspek pidana, dan putusan pengadilan terkait sewa menyewa."
Genocide in International Criminal Law.pptxMasoudZamani13
Excited to share insights from my recent presentation on genocide! 💡 In light of ongoing debates, it's crucial to delve into the nuances of this grave crime.
Safeguarding Against Financial Crime: AML Compliance Regulations DemystifiedPROF. PAUL ALLIEU KAMARA
To ensure the integrity of financial systems and combat illicit financial activities, understanding AML (Anti-Money Laundering) compliance regulations is crucial for financial institutions and businesses. AML compliance regulations are designed to prevent money laundering and the financing of terrorist activities by imposing specific requirements on financial institutions, including customer due diligence, monitoring, and reporting of suspicious activities (GitHub Docs).
Integrating Advocacy and Legal Tactics to Tackle Online Consumer Complaintsseoglobal20
Our company bridges the gap between registered users and experienced advocates, offering a user-friendly online platform for seamless interaction. This platform empowers users to voice their grievances, particularly regarding online consumer issues. We streamline support by utilizing our team of expert advocates to provide consultancy services and initiate appropriate legal actions.
Our Online Consumer Legal Forum offers comprehensive guidance to individuals and businesses facing consumer complaints. With a dedicated team, round-the-clock support, and efficient complaint management, we are the preferred solution for addressing consumer grievances.
Our intuitive online interface allows individuals to register complaints, seek legal advice, and pursue justice conveniently. Users can submit complaints via mobile devices and send legal notices to companies directly through our portal.
Capital Punishment by Saif Javed (LLM)ppt.pptxOmGod1
This PowerPoint presentation, titled "Capital Punishment in India: Constitutionality and Rarest of Rare Principle," is a comprehensive exploration of the death penalty within the Indian criminal justice system. Authored by Saif Javed, an LL.M student specializing in Criminal Law and Criminology at Kazi Nazrul University, the presentation delves into the constitutional aspects and ethical debates surrounding capital punishment. It examines key legal provisions, significant case laws, and the specific categories of offenders excluded from the death penalty. The presentation also discusses recent recommendations by the Law Commission of India regarding the gradual abolishment of capital punishment, except for terrorism-related offenses. This detailed analysis aims to foster informed discussions on the future of the death penalty in India.
Corporate Governance : Scope and Legal Frameworkdevaki57
CORPORATE GOVERNANCE
MEANING
Corporate Governance refers to the way in which companies are governed and to what purpose. It identifies who has power and accountability, and who makes decisions. It is, in essence, a toolkit that enables management and the board to deal more effectively with the challenges of running a company.
Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
Pedal to the Court Understanding Your Rights after a Cycling Collision.pdfSunsetWestLegalGroup
The immediate step is an intelligent choice; don’t procrastinate. In the aftermath of the crash, taking care of yourself and taking quick steps can help you protect yourself from significant injuries. Make sure that you have collected the essential data and information.
Supreme Court Regulation No. 3 of 2023 on Procedure for Appointment of Arbitrator by the Court, Right to Challenge, Examination of Application for Execution, and Annulment of Arbitral Award
1. Supreme Court Regulation
No. 3 of 2023
on
Procedure for Appointment of Arbitrator by the
Court, Right to Challenge, Examination of
Application for Execution, and Annulment of
Arbitral Award
Fitri Nabilla Aulia
3. In general, arbitration procedures are regulated under Law No. 30 of 1999 on
Arbitration and Alternative Dispute Resolution (“Arbitration Law”).
Issuance of SC Regulation No. 3/2023
In the last quarter of 2023, the Supreme Court issued SC Regulation No.
3/2023. As part of the regulatory framework under Arbitration Law, this
regulation sets out further details in arbitration procedures, among others, the
court-ordered appointment of arbitrators, right to challenge, and the
enforcement as well as the annulment of arbitral awards.
4. 1. Recognition of Sharia Arbitration;
2. Appointment of Arbitrator and Right to Challenge;
3. Registration and Enforcement of Arbitral Award; and
4. Annulment of Arbitral Award;
Key Provisions of SC Regulation No.3/2023
6. Arbitration and Sharia Arbitration
Arbitration is a method for civil dispute settlement outside of general
judiciary, which is based on arbitration agreement that is made in writing by
both disputing parties. (Article 1 point 1 of Arbitration Law and Article
point 1 of SC Regulation No. 3/2023)
Sharia Arbitration is a method for civil dispute settlement outside of general
judiciary, which is based on sharia arbitration agreement that is made in
writing by both disputing parties. (Article 1 point 3 of SC Regulation No.
3/2023)
7. Arbitration and Sharia Arbitration
Sharia Arbitration has long been existing and developing in Indonesia, as it
can be traced back to the establishment of Indonesia’s Sharia Arbitration
Institution back in 1993 (previously known as BAMUI, now known as
BASYARNAS). Its development now has been further strengthened by its
expressed recognition under SC Regulation No. 3/2023.
Chapter VI and Chapter VII of Arbitration Law only regulates the
competence of district courts for registration and enforcement as well as
annulment of arbitration awards.
8. Sharia Arbitration under SC Regulation No. 3/2023
Article 2 of SC Regulation No. 3/2023 stipulates that the religious
court/sharia court has the authority to examine exequatur and annulment
requests of sharia arbitration awards.
Article 3 of SC Regulation No. 3/2023 stipulates The Registrar of Claims
(kepaniteraan gugatan) has the authority to accept registration of exequatur
and annulment requests of sharia arbitration awards in religious courts/sharia
courts.
10. Under Arbitration Law:
Under Article 13 of Arbitration Law stipulates, in the event that both parties cannot reach an agreement regarding
the appointment of arbitrator or if there is no provision made regarding the appointment of arbitrator, the chairman
of District Court shall designate the arbitrator or arbitral tribunal.
Further, Article 14 of Arbitration Law stipulates, in the event that both parties have agreed that the dispute which
is occurred will be examined and judged by a sole arbitrator, both parties must reach an agreement on the
appointment of the sole arbitrator.
If within 14 (fourteen) days after the defendant has received the claimant’s proposal, both parties fail to appoint
the sole arbitrator, based on petition of a party, the chairman of District Court may appoint the sole arbitrator.
Appointment of Arbitrators
The Arbitration Law does not regulate in detail the procedures on the appointment of arbitrators by the court.
11. Under SC Regulation No. 3/2023:
In the event that the parties do not reach an agreement on the appointment of the Arbitrator, the
parties or one of the parties can submit a request to the chairman of the court to appoint an
Arbitrator or Arbitral Tribunal.
Appointment of Arbitrators
The Chairman of the District Court hears the parties along with the reasons for the disagreement
Within 14 calendar days of the submission of the request, the Chairman of the District Court
issues a determination/stipulation (penetapan) appointing the arbitrator or the arbitral tribunal
12. Right to Challenge
Upon arbitrator, a challenge claim (tuntutan ingkar) may be submitted if there are sufficient
authentic evidences which raise doubt that the arbitrator will perform his/her duties not
independently when rendering an award. Challenge claim toward an arbitrator may also be
submitted if it has been proven that there is a familial, financial or employment relationship with
either one of the parties or its counsel. (Article 22 of Arbitration Law).
Right to Challenge of the Appointment of Arbitrator by the Parties
Article 24 of Arbitration Law:
Party who has objection against the appointment of an arbitrator by the other party, must submit the
challenge claim within 14 (fourteen) days since the appointment.
13. Right to Challenge of the Appointment of Arbitrator by the Court
Under Arbitration Law:
Article 23 of Arbitration Law stipulates, right to challenge against the arbitrator who was
appointed by the chairman of District Court shall be submitted to the relevant District Court.
Further, Article 24 paragraph (2) of Arbitration Law stipulates arbitrator who is appointed by the
court, may only be challenged based on reasons which are known after receiving the court
stipulation (penerimaan penetapan pengadilan).
Under SC Regulation No. 3/2023:
Article 4 paragraph (4) stipulates, right of challenge against stipulation of chairman of district
court regarding the appointment of an arbitrator, may be filed no later than 14 (fourteen) days
from the date of stipulation, if there are sufficient reasons and sufficient authentic evidence to
raise doubts to his/her impartiality or independence.
14. Right to Challenge of the Appointment of Arbitrator by the Court
Under SC Regulation No. 3/2023:
The Chairman of the Court then conducts an examination by listening to the Claimant and the
Respondent's response.
The Chairman of the Court shall issue a stipulation (penetapan) on right to challenge request no
later than 14 (fourteen) days after receiving the request.
15. Right to Challenge of the Appointment of Arbitrator
Article 25 of Arbitration Law and Article 5 paragraph (1) of SC Regulation No. 3/2023:
In the event that the challenge claim (tuntutan ingkar) is submitted by one of the parties is not
approved by the other party and the relevant arbitrator is unwilling to resign from his/her position,
the refusing parties may submit a claim in the form of request to the Chairman of District Court.
The Chairman of the District Court hears the parties along with the reasons for the disagreement
The Chairman of the Court shall give a decision no later than 14 (fourteen) days after receiving the
request.
There is no legal remedy against the decision.
17. Registration and Enforcement of Arbitration Award
Types of Arbitration Awards:
1. Domestic Arbitration Awards; and
2. International/Foreign Arbitration Awards.
18. Arbitration Law does not specifically stipulates the registration of arbitration awards.
Under Arbitration Law, the registration of arbitration awards stipulated in Chapter VI
regarding Enforcement of Arbitration Awards.
SC Regulation No. 3/2023 differentiates the registration and enforcement procedures of
arbitration awards. Registration of arbitration awards stipulated under Chapter IV of SC
Regulation No. 3/2023 on Registration of Arbitration Awards. Enforcement of arbitration
awards stipulated under Chapter V of SC Regulation No. 3/2023 on Enforcement of
Arbitration Awards.
Registration and Enforcement of Arbitration Award
20. Registration of Domestic Arbitration Awards
Article 59 of Arbitration Law and Article 6 of SC Regulation No. 3/2023:
No later than 30 (thirty) days from the date the decision is pronounced, the original or
authentic copy of the Domestic Arbitration Award/Domestic Sharia Arbitration Award
shall be submitted and registered by the Arbitrator or his/her proxy to the Registrar of the
Court. Arbitrator or his/her proxy must also submit the original document of his/her
appointment as arbitrator or its authentic copy to the Registrar of District Court.
Registration of arbitration awards is carried out by recording (pencatatan) and signing at
the end of the arbitration awards by the Registrar of the Court and Arbitrator or their
proxies, and the record is a registration deed.
21. Registration of Domestic Arbitration Awards
Article 6 paragraph (3) to Article 6 paragraph (6) of SC Regulation No. 3/2023:
• Registration of arbitration awards can be done electronically via Court Information
System (SIP)
• Registration of arbitration awards is carried out by the Court Registrar no later than 3
(three) days after receipt of the Domestic Arbitration Award/Domestic Sharia
Arbitration Award.
• In the event that the Arbitrator is an Arbitrator appointed by the Arbitration
Institution/Sharia Arbitration Institution, the registration of the Domestic Arbitration
Award/Domestic Sharia Arbitration Award is carried out by the management of the
Arbitration Institution/Sharia Arbitration Institution or their proxy.
• Registration of domestic Arbitration Award/Domestic Sharia Arbitration Award must
be accompanied by documents proving the delivery of notification of the decision
(dokumen bukti penyampaian pemberitahuan putusan) to the parties.
22. Registration of Foreign/International Arbitration Awards
Article 65 of Arbitration Law and Article 7 paragraph (1) of SC Regulation No.
3/2023:
The International Arbitration Award is submitted and registered by the Arbitrator or his
proxy to the Registrar of the Central Jakarta District Court. The International Sharia
Arbitration Award is submitted and registered by the Arbitrator or his proxy to the
Registrar of the Central Jakarta Religious Court (Article 7 paragraph (2) of SC
Regulation No. 3/2023).
23. Registration of Foreign/International Arbitration Awards
Article 67 paragraph (2) of Arbitration Law and Article 7 paragraph (3) of Arbitration Law:
International Arbitration Awards/International Sharia Arbitration Awards is registered accompanied
by:
1. original document or authentic copy of the International Arbitration Award, in accordance with
provisions relating to the authentication of foreign documents, and the official translation
document in Indonesian language;
2. original document or authentic copy of the agreement which became the basis of the
International Arbitration Award in accordance with provisions relating to the authentication of
foreign documents, and the official translation document in Indonesian language; and
3. statement from the diplomatic representatives of the Republic of Indonesia in the country of
origin where the International Arbitration Award was rendered, which states that the claimant’s
country is bound with an agreement, either bilaterally or multilaterally, with the Republic of
Indonesia on recognition and enforcement of International Arbitration Award.
24. Registration of Foreign/International Arbitration Awards
Article 7 of SC Regulation No. 3/2023:
• Registration of International Arbitration Award is carried out by the Court Registrar
no later than 14 (fourteen) days after the registration documents are complete.
• Registration of arbitration awards can be done electronically via Court Information
System (SIP)
• In the event that the Arbitrator is an Arbitrator appointed by the Arbitration
Institution/Sharia Arbitration Institution, the registration of the International
Arbitration Award/International Sharia Arbitration Award is carried out by the
management of the Arbitration Institution/Sharia Arbitration Institution or their proxy.
• The provisions regarding the registration period for Domestic Arbitration Awards (30
days) do not apply to the registration of International Arbitration Awards.
26. Enforcement of Domestic Arbitration Awards
Article 8 of SC Regulation No. 3/2023:
In the event that the chairman of the Court is of the opinion that the National Arbitration
Award/National Sharia Arbitration Decision is contrary to morality and/or Public Order
and does not comply with the provisions of Article 4 and Article 5 of Arbitration Law,
the chairman of the Court rejects the request for implementation arbitration award
through stipulation (penetapan).
In the event that the parties do not implement the National Arbitration Award/National
Sharia Arbitration Award voluntarily, the Arbitration award that has been registered is
implemented based on the order of the chairman of the Court at the request of one of the
parties to the dispute. Orders are given to the parties no later than 30 (thirty) days after
exequatur request of the awards is registered with the Court.
27. Enforcement of Domestic Arbitration Awards
Article 62 of Arbitration Law:
In the event that arbitration award does not fulfill the provisions of Article 4 and Article
5 of Arbitration Law and/or contrary to decency and/or public order, the Chairman of
District Court shall reject the exequatur request and toward such decision which is
rendered by the Chairman of District Court, no legal remedy is available.
Article 12 of SC Regulation No. 3/2023:
The stipulation rejection of exequatur request is final and there is no legal remedy.
28. Enforcement of Domestic Arbitration Awards
Article 15 of SC Regulation No. 3/2023:
In the event that there is a request for annulment of the National Arbitration
Award/National Sharia Arbitration Award and an exequatur request of the National
Arbitration Award/National Sharia Arbitration Award that is submitted at the same time,
the chairman of the Court must postpone the enforcement of arbitration awards, until the
issuance of a first instance decision on the request for annulment of the Arbitration
award stating that it is rejected or inadmissible.
29. Enforcement of Foreign/International Arbitration Awards
Article 16 of SC Regulation No. 3/2023:
In the event that the parties do not implement the International Arbitration
Award/International Sharia Arbitration Award voluntarily, one of the parties submits a
request to the Chairman of the Central Jakarta District Court/Chairman of the Central
Jakarta Religious Court to obtain an exequatur. Request can be made electronically via
SIP.
The Chairman of the Central Jakarta District Court/Chairman of the Central Jakarta
Religious Court no later than 14 (fourteen) days after the request for exequatur is
registered, examines and decides to reject or grant the request for exequatur by assessing
and being guided by the provisions of Article 66 of Arbitration Law.
30. Enforcement of Foreign/International Arbitration Awards
In the event that the Chairman of the Central Jakarta District Court/Chairman of the
Central Jakarta Religious Court grants the exequatur request, the Chairman of the
Central Jakarta District Court/Chairman of the Central Jakarta Religious Court writes the
exequatur on the original document and an authentic copy of the International
Arbitration Award/International Sharia Arbitration Award.
There is no legal remedy that can be taken against the decision of the chairman of the
Central Jakarta District Court which granted the exequatur request. (Article 68 of
Arbitration Law and Article 20 SC Regulation No. 3/2023).
31. Enforcement of Foreign/International Arbitration Awards
Article 17 of SC Regulation No. 3/2023:
In the event that the chairman of the Court is of the opinion that the International
Arbitration Award/International Sharia Arbitration Award is not within the Scope of
Trade and/or is contrary to Public Order, the chairman of the Court rejects the exequatur
request through a decision.
A decision granting or rejecting a request for exequatur is given no later than 30 (thirty)
days after the request for exequatur is registered with the Court.
32. Enforcement of Foreign/International Arbitration Awards
In the event that the Chairman of the Central Jakarta District Court/Chairman of the
Central Jakarta Religious Court rejects to recognize and enforce an International
Arbitration Award/International Sharia Arbitration Award, a cassation can be
submitted. (Article 21 of SC Regulation No. 3/2023 and Article 68 paragraph (2) of
Arbitration Law).
Supreme Court shall consider and judge any submitted cassations no later than 90
(ninety) days after the cassation request has been received by the Supreme Court. Upon
the Supreme Court’s judgment as referred to under Article 66 letter e, objection cannot
be filed. Article 68 paragraph (3) and (4) of Arbitration Law).
33. Enforcement of Foreign/International Arbitration Awards
Enforcement of International Arbitration Awards/International Sharia Arbitration Awards
is carried out in accordance with the procedures of enforcement of civil decisions.
34. Public Order under SC Regulation No. 3/2023
Article 1 point 9 of SC Regulation No. 3/2023:
anything which constitutes the foundations required for the implementation of the legal,
economic and socio-cultural system of the Indonesian society and nation. (segala
sesuatu yang merupakan sendi-sendi asasi yang diperlukan demi berjalannya sistem
hukum, sistem ekonomi dan sistem sosial budaya masyarakat dan bangsa Indonesia).
SC Regulation No. 1/1990
Exequatur will not be granted if the Foreign Arbitration award is contrary to the basic
principles of the entire legal system and society in Indonesia (Public Order).
36. Annulment of Arbitration Awards
Article 70 of Arbitration Law and Article 24 of SC Regulation No. 3/2023:
Upon the arbitral award, both parties may submit an annulment request if such award is
alleged to contain the following elements:
a) letter or document which was submitted in the proceeding, after the award has been
rendered, is admitted to be false or declared as false (palsu);
b) after the award has been rendered, it is found that there is a decisive document which
was buried by the opposing party; or
c) the award is rendered based on fraud which was done with one of the parties who is
related with the proceeding.
37. Annulment of Arbitration Awards – Registration
Article 71 and Article 72 of Arbitration Law and Article 24 of SC Regulation No.
3/2023:
Request for annulment of Arbitration Awards must be submitted in writing, no later than
30 (thirty) days from the day of submission and registration of the Arbitration award
to the Court Registrar. Request submitted beyond the deadline, is declared not to meet
the formal requirement.
Requests for annulment is notified to the parties to the dispute no later than 3 (three)
days after registration of annulment request.
38. Annulment of Arbitration Awards - Examination
Article 25 of SC Regulation No. 3/2023:
The annulment of the arbitration award is submitted to the district court in the form of an
request (permohonan).
The Chairman of Court appoints a panel of judges to examine the annulment request.
On the request for annulment of the Sharia Arbitration / Arbitration Awards, the
Respondent can submit a response.
39. Annulment of Arbitration Awards - Examination
Article 26 of SC Regulation No. 3/2023:
Decision on request for annulment of Arbitration Awards shall be announced no later
than 30 (thirty) days after reading the request (pembacaan permohonan).
The stages of the examination of the request for annulment of the Arbitration/Sharia
Arbitration Awards consist of
1. first trial for reading the request;
2. second trial for responses;
3. interlocutory decision (if any)
4. trial with evidentiary proceedings;
5. Decision reading .
40. Annulment of Arbitration Awards - Examination
In the event that the Applicant, after being summoned legally and properly, does not
appear on the day of the first hearing without valid reason, the application is declared
invalid (dinyatakan gugur).
In the event that the Respondent, after being summoned legally and properly, does not
appear without a valid reason at the first hearing, the hearing will continue with the
agenda reading of the Applicant’s requests.
41. Annulment of Arbitration Awards – Legal Remedy
An appeal to the Supreme Court is submitted in writing no later than 14 (fourteen) days
after the decision is pronounced or notified to the parties. The appeal request is received
and recorded in the register book and must be submitted along with memory of appeal.
Article 27 of SC Regulation No. 3/2023:
Appeal can be submitted to the Supreme Court which decides at the first and final level
against the Court's decision which granting the request for annulment of the Arbitration
Awards. There is no legal remedy against court’s decision which rejecting the request for
annulment of the Arbitration Awards.
42. Annulment of Arbitration Awards – Legal Remedy
No later than 7 (seven) days from the date of notification to the Appellee, the Appellee
can submit a Counter Memory of Appeal.
No later than 3 (three) days after the appeal request is recorded, the Court shall notify the
appeal request to the Appellee.
The appeal file is sent to the Supreme Court no later than 25 (twenty five) days after the
appeal request is registered.
43. Annulment of Arbitration Awards – Legal Remedy
The Supreme Court's decision is final and there is no legal remedy.
The Supreme Court considers and decides the appeal request no later than 30 (thirty)
days after the appeal request is registered by the Supreme Court.
44. Annulment of Arbitration Awards – Legal Remedy
The Supreme Court's decision is final and there is no legal remedy.
The Supreme Court considers and decides the appeal request no later than 30 (thirty)
days after the appeal request is registered by the Supreme Court.
45. Terima Kasih
Menara Palma 10th Floor Suite 10-03
JL. H.R. Rasuna Said Blok X-2 Kav.6
Jakarta Selatan 12950, Indonesia
Ph: +62 21 5795 7550
F: +62 215795 7551
Editor's Notes
Claimant, (in written) must propose to the defendant, the name of the person who may be appointed as sole arbitrator.
SC Regulation No. 3/2023 provides more clarity on the appointment of arbitrator process by the court, if the disputing parties fail to reach an agreement on such appointment. including the relevant time limitation. In this regard, the district court must appoint arbitrator within 14 calendar days after receiving the request from either party.
There is no time limit for exercising the Right to Challenge in Arbitration Law. Under SC Regulation, there are time limit which 14 fays from the date of stipulation from the chairman of district court.
The Arbitration Law does not stipulate or set a time limit for the court to issue a stipulation on an right of challenge request. In the SC Regulation, there is time limit which 14 days after request.
If registration exceeds the 30 days period resulting the domestic Arbitration Award/domestic Sharia Arbitration Award not being able to be registered in Court.
If registration of international arbitration is carried out more than 30 days after the award is pronounced, international arbitration awards can still be registered.
Article 4 of Arbitration Law, there is arbitration agreement. Article 5, stipulates that Disputes which may be settled through arbitration are only disputes in trade sector and concerning rights, of which according to the Law and laws and regulations, such rights are fully controlled by the disputing parties
Arbitration Law does not stipulates the procedure of international arbitration awards enforcement.
definition of “public policy” under Perma 3/2023 does not fundamentally depart from the definition provided under Perma 1/1990. It's just
expands the scope of definition given by Perma 1/1990 so
as to encompass economic and socio-cultural systems
If the respondent is summoned 3 times but does not appear at the hearing, it is considered that it has waived its right to submit a response