Our Associate, Fitri Nabilla Aulia, speaks about “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” at Leks&Co Lawyers office on Friday, 17 May 2024.
The Supreme Court of Indonesia issued Regulation No. 3 of 2023 to further detail procedures related to arbitration as per Law No. 30 of 1999. This regulation covers the appointment and challenge of arbitrators, the enforcement and annulment of arbitral awards, and introduces specific provisions for Sharia arbitration.
Key Provisions:
- Sharia Arbitration Recognition: The regulation formally recognizes Sharia arbitration, delineating the religious courts’ authority in handling Sharia arbitration matters.
- Appointment and Challenge of Arbitrators: It outlines procedures for appointing arbitrators when parties cannot agree and details the process for challenging appointed arbitrators, requiring challenges to be based on substantial evidence of potential bias.
- Registration and Enforcement of Arbitral Awards: Domestic awards must be registered within 30 days, while international awards follow specific registration processes through the Central Jakarta District Court, including necessary documentation and potential electronic submission.
- Annulment of Arbitral Awards: Parties may request annulment based on fraud or falsified documents. The regulation stipulates the procedures and timelines for these requests, including potential appeals to the Supreme Court.
This regulation aims to streamline arbitration processes and ensure clarity and fairness in the resolution of disputes through both conventional and Sharia arbitration mechanisms.
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