LAW REVIEW
Volume XXIII, No. 1 - July 2023

Arbitrator’s Authority to Decide Ex Aequo et Bono: A Juridical Review

Hadylaya, Michael Herdi (Unknown)



Article Info

Publish Date
31 Jul 2023

Abstract

Arbitration is a dynamic practice. One of the issues to consider is the implementation of ex aequo et bono by arbitrators, which many parties see as requiring prior approval from the parties so that arbitrators can make decisions based on ex aequo et bono. This study concludes that the arbitrator's authority to decide ex aequo et bono is not derived from the parties' agreement but rather from the arbitrator's inherent authority. First, because this principle is consistent with the spirit of arbitration, the Arbitrator has the authority to decide ex aequo et bono. Second, Law Number 48 Year 2009 concerning Judicial Authority imposes an obligation to investigate, adhere to, and comprehend legal values and the sense of justice in society. Third, no provision in Law Number 30 Year 1999 concerning Arbitration and Alternative Dispute Resolution requires the parties to agree in advance on the grant of ex aequo et bono.

Copyrights © 2023






Journal Info

Abbrev

LR

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Law Review is published by the Faculty of Law of Universitas Pelita Harapan and serves as a venue for scientific information in the field of law resulting from scientific research or research-based scientific law writing. Law Review was established in July 2001 and is published triannually in July, ...