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  • Legal Issues In The Annulment Of International Arbitral Award - Mimbar Hukum Ugm Ac

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LEGAL ISSUES IN THE ANNULMENT OF INTERNATIONAL ARBITRAL AWARD IN THE HIMPURNA AND KARAHA BODAS IN INDONESIA* Irna Nurhayati** Abstract Law enforcement of international arbitral award in Indonesia.

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The rule is that if an award has been annulled (also called 'set aside' or 'vacated') in the country of origin (usually the place of arbitration), it cannot be enforced in other countries.

In essence, the New York Convention permits annulment of an arbitral award on any ground deemed appropriate by “a competent authority of the country in which, or under the law of which, that award was made.” And the Convention further provides that an award so annulled may be refused recognition and enforcement.

Section 2(1)(e)(i) of the Arbitration Act provides that an application for setting aside an arbitral award passed in an arbitration other than an international commercial arbitration must be filed either before a district court, being a principal civil court of original jurisdiction, or before the high court exercising ...

for the purposes of enforcement and the Limitation Act 1963 applies to arbitrations, therefore the limitation period for enforcement of such an awards is twelve years.

The Arbitration Act provides that an arbitral award will be enforced “in ance with the provisions of the Code of Civil Procedure, 1908, (“CPC”) in the same manner as if it were a decree of the Court”. There is a famous adage that "the difficulties of a litigant in India begin when he has obtained a decree".

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Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
DMCA Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
All Forms
Search all Forms
Industries
Forms in Spanish
Localized Forms
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232