THE LANGUAGE OF THE ARBITRATION AS A GROUND FOR ANNULMENT OF AN ARBITRATION AWARD

As a rule, the arbitration procedure is a one-step procedure. However, this does not mean that there is no judicial control of the arbitration award. The judicial control of the domestic arbitration award is achieved by filing a complaint (lawsuit) for annulment of the arbitration award. One of the reasons for filing a complaint to annul the arbitration award is if the arbitration procedure was conducted in a language that the parties did not agree on in the arbitration agreement. Precisely because of this, the subject of analysis of this paper is the way in which the parties determine the language in which the arbitration procedure will be conducted, as well as the possibility of annulling the arbitration award if during the arbitration procedure there is a violation of the rules on the language of the arbitration. The rules on the language of the arbitration are wery important question because language is a symbolic system of communication between parties in arbitration proceedings. The parties must equally know and understand the language in which the procedure is conducted to be able, from the content aspect, to realize their rights and interests in the arbitration procedure.

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Publication Details

Published
2024-10-24
DOI
https://doi.org/10.55843/isc2024conf158g
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
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article

THE LANGUAGE OF THE ARBITRATION AS A GROUND FOR ANNULMENT OF AN ARBITRATION AWARD

Stephen W. Janik, Dijana Gorgieva
Indonesian Legal and Regulatory Studies
article

THE LANGUAGE OF THE ARBITRATION AS A GROUND FOR ANNULMENT OF AN ARBITRATION AWARD

Stephen W. Janik, Dijana Gorgieva
article en

Abstract

As a rule, the arbitration procedure is a one-step procedure. However, this does not mean that there is no judicial control of the arbitration award. The judicial control of the domestic arbitration award is achieved by filing a complaint (lawsuit) for annulment of the arbitration award. One of the reasons for filing a complaint to annul the arbitration award is if the arbitration procedure was conducted in a language that the parties did not agree on in the arbitration agreement. Precisely because of this, the subject of analysis of this paper is the way in which the parties determine the language in which the arbitration procedure will be conducted, as well as the possibility of annulling the arbitration award if during the arbitration procedure there is a violation of the rules on the language of the arbitration. The rules on the language of the arbitration are wery important question because language is a symbolic system of communication between parties in arbitration proceedings. The parties must equally know and understand the language in which the procedure is conducted to be able, from the content aspect, to realize their rights and interests in the arbitration procedure.

Openalex Percentile: Top 49%
Indonesian Legal and Regulatory Studies
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THE LANGUAGE OF THE ARBITRATION AS A GROUND FOR ANNULMENT OF AN ARBITRATION AWARD — Stephen W. Janik, Dijana Gorgieva · (2024) | TGRS Research Map | TGRS