Enforcement of International Investment Arbitration Awards

The current world has various methods to resolute the investment dispute, while the main reason which should be largely taken into account when people choose the way to resolve the dispute is whether the recognition and enforcement of the resolution is effective or not. As the most popular resolution chosen for investment dispute, the international arbitration is playing the most crucial role on the current stage. The article focuses on the comparative study on the recognition and enforcement of International Investment Arbitration Award between Indonesia and China. The research addresses two questions namely: (1) how to make the dispute settlement mechanism of investment arbitration in Indonesia more effective; and (2) whether China should establish an arbitration investment dispute mechanism and what kind of mechanism if it should. The research uses the qualitative data to elaborate, and the sources will be more presented by the secondary data, such as the treaties, laws, regulations and cases. The descriptive measurement will be mainly taken in this article. Besides, the various analyses are used to interpret the meanings in the data. Based on the research, several problems from both Indonesia and China have been found, namely, even though Indonesia has established the relevant mechanism, the blur and unclear regulations for the process and the unpractical requirement for documents have been the obstacles for practicing. The problem for China is that the mechanism has not yet established. There are some solutions to solve those problems, including for Indonesia, detailing each process, confirming the competent authority and illustrating the condition for annulment, providing the public with relevant information, revising the requirement for submission of the certain documents. While for China, the government should eliminate interfering the use of Public Order, the Judicial Review and the State Immunity, and establish the mechanism from the perspectives of the theory and the practice

Arbitration · China · Dispute resolution · Enforcement · International arbitration · Investment arbitration · Indonesian Legal and Regulatory Studies · International Arbitration and Investment Law · Legal and Policy Analysis in Indonesia