Journal of Law and Legal Reform
Vol. 5 No. 3 (2024): Various Issues on Law Reform in Indonesia and Beyond

Reorienting Investment Dispute Resolution in Indonesia: Towards a Fair and Efficient System

Siallagan, Sahat Poltak (Unknown)
Wiwoho, Jamal (Unknown)
Suryono, Arief (Unknown)
Kurniawan, Itok Dwi (Unknown)
Fernandes, Acacio (Unknown)



Article Info

Publish Date
31 Oct 2024

Abstract

In the era of Industry 4.0, the surge in foreign investment and the proliferation of global trade agreements have intensified the need for more reliable dispute resolution mechanisms. While the Investor-State Dispute Settlement (ISDS) system has long been the standard, it faces widespread criticism for its lack of transparency, fairness, and absence of an appellate mechanism. In response, the Investment Court System (ICS) has emerged as a novel alternative, introducing significant reforms such as the appointment of more qualified arbitrators, greater neutrality, enhanced transparency, and, crucially, a structured appeals process that offers stronger legal certainty. Although no disputes have yet been resolved through ICS, raising questions about its efficiency, the system represents a promising advancement in creating a more equitable and trustworthy framework. The appellate mechanism of ICS, in particular, addresses a critical shortcoming of ISDS, where arbitration awards are often challenged in national courts, leading to legal uncertainty. By balancing investor protection with state sovereignty to regulate in the public interest, ICS has the potential to enhance legal clarity, foster public confidence, and create a more stable and inclusive global investment environment.

Copyrights © 2024






Journal Info

Abbrev

jllr

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The Journal seeks to disseminate information and views on matters relating to law reform, including developments in case and statute law, as well as proposals for law reform, be they from formal law reform bodies or from other institutions or ...