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.

Keywords: arbitration, award, setting aside, enforcement

Author: S u j a y a d i

Journal Code: jphukumgg150046

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