Luciana, Clara
(2019)
Analisis kedudukan pihak ketiga dalam proses pembatalan putusan arbitrase di pengadilan negeri = Analysis of the legal standing of third parties in the process of arbitration award cancellation in the district court.
Bachelor thesis, Universitas Pelita Harapan.
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Abstract
Arbitration is one of the forms of alternative dispute resolution. Following the era development, business actors tend to conduct arbitration to resolve disputes which occurs between them since the arbitration dispute settlement process possesses excellence compared to the conventional dispute resolution process in the court, one of which is by reason that an arbitration award is final and binding in nature. Even so, considering the final and binding nature of an arbitration award, there is still a possibility to pursue a legal remedy to submit a cancellation to the District Court in regard to the said arbitration award. A difference in the procedural law which is used in an arbitration dispute resolution process and an arbitration award cancellation process provides a different implication, one of which is regarding the possibility of a third party to be involved. To provide a legal certainty to the society, especially for parties which are going to undergo a remedy of cancelling an arbitration award, a research regarding the legal standing of third parties in the process of arbitration award cancellation in the District Court is required. This research uses the type of normative research or the literature research, which is conducted by utilizing documents such as books and law journals as the sources of research. Based on this research, it is proven that a third party outside of an arbitration agreement is entitled to be involved as a party in the cancellation of the arbitration award process in the District Court as long as they do not act as the party requesting for the cancellation.
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