Available in the National Library of Australia collection. Author: Adolf, Huala; Format: Book; vii, p. ; 21 cm. Huala Adolf is professor of international law at Faculty of Law, Universitas Padjadjaran, Bandung, Indonesia. He graduated from Universitas Padjadjaran. Items 1 – 8 of 8 Profile Detail. First NameHuala. Last NameAdolf. Biography I am a law lecturer, encoraging peace and understanding between peoples. Country.
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If the parties are foreign nationals, the award may be translated into another language as requested by the foreign party. The fee incurred for the interpreter shall be borne by the huuala.
BKPL also claimed that because the loan agreement violated the Language Law, the loan agreement was null and void. Does applying or not applying for Expedited Procedure and having the institution reject it prejudice a later application for interim measures before the arbitral tribunal?
Generally, the parties afolf an arbitration agreement have autonomy to decide which language to use. This seemingly gives the assurance that English may be used in drafting an agreement or contract where one of the parties is not Indonesian.
If the original documentation submitted or relied upon by the parties in the submission of the case is in a language other than the Indonesian language, then the Tribunal may determine whether or not the original documents must be accompanied by a translation into the Indonesian language.
Statistics Profile of Cases. Large amounts do not necessarily imply complex issues. Secondly, the parties were subject to the pacta sunt servanda obligation when they entered and agreed to be bound by the loan agreement. Singapore International Arbitration Centre. If the language used in the arbitration is not the Indonesian language, the translation of the award into the Indonesian language is required.
Catalogue Persistent Identifier https: Hence, arbitration awards in Indonesia must be written in the Indonesian language.
You can view this on the NLA website. See what’s been added to the collection in the current 1 2 3 4 5 6 weeks months years. The language used in an arbitration does not normally pose any problems when parties to an arbitration speak the same language. Further information on the Library’s opening hours is available at: Article 27 of the Language Law clearly states that the Indonesian language, Bahasa Indonesia, shall be used in any official state documents.
Your email address will not be published. How do I find a book? The concern surrounding the use of language in a contract should not affect what language can be used in an arbitration. Article 14 of the BANI Rules addresses four elements related to the language of arbitral proceedings, namely: Furthermore, Indonesian Arbitration Law requires arbitration awards to be registered with the Registrar of the District Court where the respondent is domiciled.
The Language of Arbitration in Indonesia.
Huala Adolf | Open Library
To learn more about Copies Direct watch this short online video. Following the decision, some have questioned if the decision of the court also affects which language can be used in arbitrations conducted in Indonesia. It is important to note that under Article 27 of the Language Law, arbitration awards are considered to be court decisions which are subject to the Language Law. From 25 December to 1 Januarythe Library’s Reading Rooms will be closed and no collection requests will be filled.
Firstly, the parties had already entered into a similar agreement and the use of English had never been disputed.
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The Language of Arbitration in Indonesia
juala Specifically, this Panel will delve into: BookOnline – Google Books. Does quantum matter — are expedited procedures ever suitable for arbitrations where large amounts are at stake?
This agreement or determination, unless otherwise specified therein, shall apply to any written statement by a party, any hearing and any award, decision or other communication by the arbitral tribunal. Reasonable practical solutions can normally be found between hala parties and arbitrators in these types of situations, but an additional layer of complexity arises where national laws require the national ado,f of the state to be used in commercial transactions.
The Language Law consists of 74 articles divided into five main regulations concerning: What kinds of cases are suitable for an expedited procedure?
Can I view this online? The practice of the Central Ado,f District Adilf regarding challenges to the enforcement of arbitral awards. Article 28 of Indonesian Law No. NAM denied that the agreement violated the Language Law and put forward a number of arguments. As the officer of the Court, the Registrar will only register the arbitration awards written in Indonesian language.
The District Court was of the opinion that every contract involving an Indonesian institution, company or private individual made after the enactment of the Language Law must be made in the Indonesian language.