Universitas Bhayangkara Jakarta Raya

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Pratama, Gede Aditya (2017) PUBLIC POLICY AS A GROUND FOR REFUSING ENFORCEMENT OF FOREIGN ARBITRAL AWARDS: INDONESIAN NOTION OF PUBLIC POLICY. Masters thesis, University of Exeter.

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Abstract

Article V of the New York Convention provides grounds for refusing enforcement of foreign arbitral awards. One of the grounds is when enforcement of the award would violate the public policy of the enforcing state. However, the concept of public policy itself is still unclear and different from one jurisdiction to another. In industrialized countries like England and United States, the pro-enforcement bias of the New York Convention is applied by interpreting the notion of public policy narrowly and applying it restrictively; this makes enforcement of foreign arbitral awards more easy and certain. On the other hand, Indonesian courts interpret the notion of public policy broadly and in a domestic sense, in which a mere violation of Indonesian national laws can be construed as a violation of public policy to refuse enforcement of foreign arbitral awards. The current notion of public policy that is applied by the Indonesian court has undermined the effectiveness of international commercial arbitration by hindering enforcement of foreign arbitral awards. Therefore, the Indonesian court must shift their approach towards the pro-enforcement bias of the New York Convention.

Item Type:	Thesis (Masters)
Subjects:	Ilmu Sosial > Hukum Ilmu Sosial > Hukum > Hukum Bisnis
Divisions:	Fakultas Hukum > Ilmu Hukum
Depositing User:	Gede Aditya Pratama
Date Deposited:	03 Sep 2021 08:38
Last Modified:	03 Sep 2021 08:38
URI:	http://repository.ubharajaya.ac.id/id/eprint/10950

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