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All Journal Jurnal Hukum Novelty International Journal of Educational Review, Law And Social Sciences (IJERLAS)
Iyllyana Che Rosli
Universiti Sultan Zainal Abidin, Malaysia
Religion Humanities Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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Judicial divergence in enforcing annulled arbitral awards under the New York Convention 1958 Iyllyana Che Rosli; Tengku Chik Abu Bakar Tengku Ibrahim; Norhasliza Ghapa; Murshamshul Kamariah Musa; Asril Amirul Zakariah
Jurnal Hukum Novelty Vol. 17 No. 1 (2026)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/jhn.v17i1.30761

Abstract

Introduction to the Problem: The enforcement of annulled foreign arbitral awards under the New York Convention 1958 (NYC 1958) presents a complex legal challenge due to the Convention's Contracting States’ divergence approach on its interpretation. Purpose/Study Objectives: The paper attempts to assess the extent of enforcement of awards vacated by its supervisory seat and to propose a harmonised interpretive method that is align with the goal or NYC 1958 while maintaining the diversity of national laws on the enforcement of annulled foreign awards. Design/Methodology/Approach: This paper adopts a doctrinal and comparative legal methodology. The doctrinal analysis analyses statutory frameworks and judicial reasoning underlying the territorialist, delocalised, and assessment approaches, while the comparative method examines how these models are applied across different jurisdictions. Findings: The territorialist approach, adopted by German courts, refuses to enforce awards vacated by its supervisory seat. The delocalised approach, adopted by French courts, supports enforcement by invoking Article VII and applying domestic law. The assessment approach, seen in Dutch, US, and English courts, involves evaluating annulment reasons on a case-by-case basis. This paper argues that the lack of harmonisation in the application of Article V (1) (e) results in divergent judicial practices. The Maximov’s case illustrates this divergence: French courts enforced the award, Dutch courts upheld enforcement after assessment, and the London High Court dismissed enforcement, requiring substantial proof of bias in annulment. The findings reveal inconsistencies in how Article V (1) (e) is applied, emphasising the need for clearer international guidelines to promote uniformity and predictability in the enforcement of annulled arbitral awards. This paper contributes to the existing literature by proposing an assessment-based framework, supported by clearer and more transparent criteria, to guide courts in evaluating annulments on their merits while preserving respect for the seat court’s decisions, when deciding on the enforcement of annulled awards. Paper Type: Research Article
The Role of Law Enforcement Officials in Implementing Alternative Dispute Resolution in Traffic Accident Cases in Indonesia Serimin Pinem; Iyllyana Che Rosli
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: 10.54443/ijerlas.v6i1.5159

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 Asril Amirul Zakariah Murshamshul Kamariah Musa Norhasliza Ghapa Serimin Pinem Tengku Chik Abu Bakar Tengku Ibrahim