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All Journal Jambe Law Journal International Journal of Educational Review, Law And Social Sciences (IJERLAS)
Che Rosli, Iyllyana
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Religion Humanities Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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Judicial Preclusion in International Arbitration: Comparative Analysis of UK, Australia, and Malaysia’s Practices Che Rosli, Iyllyana; Ghouri, Ahmad; Ghapa, Norhasliza; Zakariah, Asril Amirul; Kamariah Musa, Murshamsul
Jambe Law Journal Vol. 7 No. 2 (2024)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v7i2.385

Abstract

This paper examines the issue of judicial preclusion in international arbitration, focusing on whether an award-debtor’s failure to challenge a foreign award at the supervisory court precludes them from contesting the enforcement of an award in another jurisdiction. Through a comparative analysis of judicial practices in the United Kingdom, Australia, and Malaysia, the study evaluates the extent of harmonisation in the application of Article V of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (NYC 1958). The findings reveal divergences: while UK and Australian courts adopt a flexible approach, allowing enforcement-stage challenges irrespective of prior actions at the supervisory court, Malaysian courts demonstrate a strong pro-enforcement bias, often deferring to the decisions of the supervisory court and restricting opportunities for re-litigation. This paper engages with the theories of res judicata and finality, exploring their interplay with judicial discretion and highlighting the tension between fairness and the finality of arbitration awards. It concludes with critical recommendations for enhancing harmonisation under the NYC 1958, including clearer guidelines on judicial preclusion, the integration of international best practices, and reforms to balance enforcement predictability and certainty in international arbitration
The Role of Law Enforcement Officials in Implementing Alternative Dispute Resolution in Traffic Accident Cases in Indonesia Pinem, Serimin; Che Rosli, Iyllyana
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 6 No. 1 (2026)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18724906

Abstract

This study analyzes the role of law enforcement officials in implementing Alternative Dispute Resolution (ADR) in traffic accident cases in Indonesia. Although traffic accidents are generally processed through formal criminal justice mechanisms, many cases involve negligence and minor harm, making restorative settlement more appropriate. This research applies an empirical juridical (socio-legal) approach with a qualitative descriptive-analytical design. Data were collected through interviews, observations, and document analysis, and examined using qualitative analysis with triangulation. The findings indicate that law enforcement officials, particularly the police, act as facilitators, mediators, legal educators, and process controllers in promoting peaceful settlements. ADR is conducted through several stages, including initial case assessment, offering mediation, facilitating dialogue, drafting agreements, and monitoring compliance. In exercising discretion, officials consider the severity of the accident, the element of fault, the perpetrator’s attitude, the victim’s consent, and social benefits. However, implementation faces challenges such as the absence of standardized procedures, limited mediation skills, low public legal awareness, and concerns over transparency. Strengthening regulatory guidance and institutional capacity is essential to ensure fair and humane dispute resolution.
Co-Authors Ghapa, Norhasliza Ghouri, Ahmad Kamariah Musa, Murshamsul Serimin Pinem Zakariah, Asril Amirul