INTERACTION BETWEEN THE SETTING ASIDE OF AN AWARD AND LEAVE FOR ENFORCEMENT1
Abstract: Karaha Bodas case is
a notorious case which demonstrates how is unpredictable of the Indonesian court’s
practice when facing cases related to arbitration. This case shows various aberrations
of the principles that have been commonly accepted in international commercial arbitration
but distorted in practice, especially in Indonesia, therefore many experts in
the field of international commercial arbitration always mention this case as a
“pathology” in international commercial arbitration. This article examines the interaction between
the attempt to set aside of the award, while on the other hand the successful
party requests for enforcement in other jurisdictions. The findings in this
article show that the U.S. courts disobeyed
the judgement of the annulment which was rendered by Indonesian court, because Indonesian
courts were the secondary jurisdiction.
Author: S u j a y a d i
Journal Code: jphukumgg150046
