인도네시아 국립중재위원회(BANI) 중재규칙상 중재절차의 구조

• 영문명: A Review on the Arbitral Proceeding under Rules of Arbitral Procedure of the Indonesia National Board of Arbitration (BANI)
• 발행기관: 한국중재학회
• 저자명: 김영주(Young-Ju Kim)
• 간행물 정보: 『중재연구』 제24권 제4호, 99~125쪽, 전체 27쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2014.12.30

영문 초록

The purpose of this paper is to introduce the arbitral proceeding system in Indonesia. Arbitration in Indonesia is governed by Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution (Arbitration Law). Also, the Indonesian National Board of Arbitration (BANI) is the main arbitration body in Indonesia. BANI handles both domestic and international disputes. BANI has published its Rules of Arbitral Procedure (the BANI Rules). Within a period of not longer than 30 days after receiving the petition for arbitration, the respondent must submit its reply. Also, if the respondent wishes to assert against the claimant a counter-claim in connection with the dispute, the respondent may submit such counter-claim together with its statement of defense no later than the first hearing. This paper suggests that the following may be some of the disadvantages to using arbitration under the BANI Rules. The first is that final decision or approval regarding the designation of all arbitrators shall be in the hands of the Chairman of BANI. It is the chief problem facing the international stream of arbitration systems. The second is that arbitrators must have certain minimum qualifications. BANI Rules provide the same requirements for the qualifications of the arbitrators as the Arbitration Law. The third is that the BANI Rules require arbitrators in BANI-administered references to be chosen from BANI’s list of arbitrators. BANI can also consider a recognized foreign arbitrator if the foreign arbitrator meets the qualification requirements and is prepared to comply with the BANI Rules. This includes the requirement that the appointing party must bear the travel, accommodation, and other special expenses related to the appointment of the foreign arbitrator.

목차

Ⅰ. 서 론

Ⅱ. 인도네시아 중재법제 개관

Ⅲ. BANI 중재규칙상 중재절차의 구조

Ⅳ. 대한상사중재원 국제중재규칙과의 비교 검토

Ⅴ. 결 론

키워드

International Commercial Arbitration Arbitration in Indonesia The Indonesia National Board Of Arbitration (BANI) BANI Arbitration Rules KCAB International Arbitration Rules the Arbitral Procedure