THE IMPLEMENTATION OF INTERNATIONAL ARBITRATION DECISIONS IN INDONESIA AND SOME FOREIGN COUNTRIES

Abstract

An international arbitration award handed down in a territory of a given country may be applied for in another territory, provided that it is a party to the 1958 New York Convention on the Recognition and Implementation of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards and between those countries there are bilateral or multilateral agreements on the recognition and execution of international arbitration decisions. An arbitral award, as well as a judge's verdict may actually be voluntary by the loser or debtor. If the verdict has been executed in good faith by the losing party, or in other words his accomplishments have been met with good faith, then the problem is solved. It is not uncommon, however, that although the verdict is already in place, the losing party does not want to execute the verdict voluntarily. In this case the winning party or the creditor may submit an application to the Chairman of the Central Jakarta District Court for the international arbitration award to be executed by force (execution forcee).