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  • Eva Fatimah Fauziah & Sri Purnama

THE ISSUANCE OF THE SUPREME COURT REGULATION NO. 3 OF 2023: AN ASSESSMENT OF HOW IT WOULD PROMOTE ARBITRATION IN INDONESIA

To ensure effectiveness of dispute resolution such as arbitration, underlying laws should

be in harmony with international standards and cater the existing development

developments. Indonesian arbitration law, the Law No. 30 of 1999 on Arbitration and

Alternative Dispute Resolution [“AADR Law”], has remained the same since 1999

regardless there have been significant developments and evolution of the arbitration

practice. Only after more than two decades there is finally an attempt to fill in the gaps

existing in the AADR Law. This attempt came from the Supreme Court by issuing the

Supreme Court Regulation No. 3 of 2023. The regulation provides more clarity

regarding the appointment of arbitrators, right of recusal, and the examination of

enforcement and annulment of arbitral awards. This article will showcase how these

changes may affect the practice of arbitration in Indonesia.




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