PENYELESAIAN SENGKETA PERUSAHAAN MULTINASIONAL MELALUI ARBITRASE (KAJIAN INTERNA TIONAL CONVENTION ON THE SETTLEMENT OF INVESTMENTDISPUTES)
SARI: The
obyective of the study is first to reveal the reason of multinational
corporation using ACSID arbitration to settle down their dispute and the second
is to identify the obstacles araising concerning of implementation of ACSID
arbitration in Indonesia. The method of the research is used survey design
which is with sociological jurisprudence approach and descriptive type. Its
sampling technique is probably sampling as sample random sampling. The data
sources are primary and secondary data. Collecting data method are
questionnaire, interview and content identification. Technique of data analysis
base are combination of deduction and induction analytical. The final of the
result is quantified, it is analyzed with quantitative, qualitative and
philosophies method. According to International Agreement, arbitration can be
implemented for such reason:1. There should be further Bilateral Agreement, 2.
There should be some rule for domestic implementation, 3. The arbitration
should be recognized by all of the countries participating in the Convention.
In relation to this matter, Indonesian government has issued Supreme Court
Decree No. 1/1990) as the rule for implementing The Decisions of foreign
Arbitration. Based on the article 2 of Acts No. 5, 1968 , however, not all
disputed resulting from foreign investment are automatically subjected to
Washington Convention. The Acts stated that the Convention applies only if there
is an additional agreement between the parties, involved in the disputed. This
additional requirement results in.
Contradiction.
Keywords:
Dispute, Arbitration, Multinational Corporation
Penulis: Hero
Prahartono
Kode Jurnal: jphukumdd050006
