Arbitrase sebagai Alternatif Penyelesaian Sengketa Bisnis

Summary

This video discusses arbitration as an alternative dispute resolution method, explaining its key principles, benefits, and procedures. Arbitration involves resolving disputes outside of traditional court systems through agreements made between disputing parties. The speaker highlights the advantages of arbitration, including time and cost efficiency, confidentiality, and the freedom to choose arbitrators. Disputes that can be resolved through arbitration, such as business and labor issues, are emphasized. The process also covers the requirements for arbitrators, the importance of arbitration agreements, and the execution of arbitration decisions, showcasing its flexibility and effectiveness in business disputes.

Takeaways

• 😀 Arbitration is a method of resolving civil disputes outside the general courts, based on an agreement between the parties involved.
• 😀 The three key parties in arbitration are the applicant (who submits the dispute request), the respondent (the opposing party), and the arbitrator (who makes the decision).
• 😀 Arbitration offers benefits like time efficiency (maximum resolution time of 180 working days) and cost efficiency compared to traditional court cases.
• 😀 Confidentiality is guaranteed in arbitration, unlike in court cases where details can be made public, particularly in matters like marriage disputes.
• 😀 Arbitrators can be chosen by the disputing parties, offering greater flexibility compared to judges in the public courts.
• 😀 Experts in the relevant field may serve as arbitrators, providing specialized knowledge to resolve disputes.
• 😀 Arbitration decisions are final and cannot be appealed, unlike decisions made in court that can be challenged in higher courts.
• 😀 Arbitration allows parties to choose the applicable law, which is particularly useful in cases involving religious or cultural preferences, such as Islamic law for inheritance disputes.
• 😀 Arbitration is suitable for resolving business, trade, and employment disputes that do not conflict with public interest or statutory regulations.
• 😀 Arbitration agreements can be included in contracts or separate agreements, and there are two main types: compromittendo (pre-dispute) and compromise (post-dispute).

Q & A

What is arbitration in the context of alternative dispute resolution?

Arbitration is a civil dispute resolution process outside the general courts, based on an arbitration agreement between the disputing parties. It involves a judge or arbitrator who makes a decision to resolve the dispute.

What are the parties involved in arbitration?

There are three key parties in arbitration: the applicant (the party submitting the dispute), the respondent (the opposing party), and the arbitrator (the person or panel chosen to make a decision).

Why do businesses choose arbitration over court trials?

Businesses often choose arbitration due to time efficiency, cost efficiency, confidentiality, freedom to choose arbitrators, involvement of experts, finality of the decision, and the ability to choose the law that applies.

What types of disputes can be resolved through arbitration?

Arbitration can resolve disputes in the fields of trade, employment, and other areas where the rights are fully controlled by the disputing parties, as long as the dispute does not conflict with public interest.

What makes arbitration different from court litigation in terms of decision-making?

Arbitration decisions are final and cannot be appealed or cassated, unlike court decisions, which can be contested. This finality ensures quicker resolution and more certainty for the parties involved.

How does an arbitration agreement work in contracts?

An arbitration agreement is a clause in a contract where the parties agree that, in case of a dispute, they will resolve the matter through arbitration instead of going to court. This can be part of the original contract or a separate agreement made after the dispute arises.

What are the main benefits of choosing arbitration for dispute resolution?

The main benefits of arbitration include faster resolution times, lower costs, confidentiality, the ability to choose arbitrators and the applicable law, and the finality of the decision.

Can criminal disputes be resolved through arbitration?

No, criminal disputes, such as theft or other criminal offenses, cannot be resolved through arbitration. Arbitration is only applicable to civil matters where the parties seek a peaceful resolution.

What qualifications are required to become an arbitrator?

An arbitrator must be at least 35 years old, have no family or financial ties to the disputing parties, have at least 15 years of relevant experience, and not be a judge or other judicial officer.

How are arbitration costs determined?

Arbitration costs include the arbitrator's honorarium, travel and administrative expenses, and any fees for expert witnesses if needed. The losing party may be required to bear the costs, or the costs may be shared between the parties.