Problems with the Annulment of Arbitral Awards in the Perspective of the Principle of Access to Justice

The annulment of arbitration awards in Indonesia has led to various issues affecting the effectiveness of the arbitration system, legal certainty, and the principle of access to justice for disputing parties. Although arbitration is intended to be a final and binding dispute resolution mechanism, inconsistent annulment practices by courts often undermine trust in the system. This study examines issues related to the annulment of arbitration awards, particularly how such annulments impact the principle of access to justice. Regulatory reforms are necessary to clarify the provisions governing grounds for annulment and to ensure that the principle of access to justice is maintained in arbitration.

Authors

Publication Details

Journal
International Journal of Research and Innovation in Social Science
Published
2025-01-01
DOI
https://doi.org/10.47772/ijriss.2025.905000498
Primary Topic
International Arbitration and Investment Law
Type
article
Field-Weighted Citation Impact
0.00
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article

Problems with the Annulment of Arbitral Awards in the Perspective of the Principle of Access to Justice

Yulinda Adharani, Sherly Ayuna Putri, Amelia Cahyadini, Yoan Shevila Kristiyenda
International Journal of Research and Innovation in Social Science
International Arbitration and Investment Law
article

Problems with the Annulment of Arbitral Awards in the Perspective of the Principle of Access to Justice

Yulinda Adharani, Sherly Ayuna Putri, Amelia Cahyadini, Yoan Shevila Kristiyenda
article en

Abstract

The annulment of arbitration awards in Indonesia has led to various issues affecting the effectiveness of the arbitration system, legal certainty, and the principle of access to justice for disputing parties. Although arbitration is intended to be a final and binding dispute resolution mechanism, inconsistent annulment practices by courts often undermine trust in the system. This study examines issues related to the annulment of arbitration awards, particularly how such annulments impact the principle of access to justice. Regulatory reforms are necessary to clarify the provisions governing grounds for annulment and to ensure that the principle of access to justice is maintained in arbitration.

International Journal of Research and Innovation in Social ScienceVol. IX(V)
Openalex Percentile: Top 78%
International Arbitration and Investment Law
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