Jurnal CENDIKIA ISNU
Vol. 1 No. 1 (2024): Vol 1. No 1 Mei 2024 : JCISNU

The Existence of Arbitration as an Alternative to Business Dispute Resolution: Between Procedural Efficiency and Enforcement Challenges

Sandra Ayu Wandira (Universitas Islam Negeri Sumatera Utara)
Fauzan Habibi Lubis (Universitas Islam Negeri Sumatera Utara)
Jakaria (Universitas Islam Negeri Sumatera Utara)
Rabiatul Adawiyah Nasution (Universitas Islam Negeri Sumatera Utara)
Nadzri Adlani Nasution (Universitas Islam Negeri Sumatera Utara)



Article Info

Publish Date
30 May 2024

Abstract

The development of modern business activities that are increasingly complex has increased the potential for disputes between parties, both in national and international business relations. The dispute resolution mechanism through litigation is often considered not to be fully able to meet the needs of the business world because the procedure is formal, takes a relatively long time, and lacks flexibility for the parties. These conditions encourage arbitration to develop as an alternative dispute resolution that offers a more adaptive mechanism through the principles of autonomy of the parties, confidentiality, and legal certainty. This study aims to analyze the position of arbitration as an alternative to dispute resolution in the context of business law, especially regarding its characteristics, underlying legal principles, and effectiveness in providing dispute resolution for business actors. This study uses normative legal research methods with statute approaches and conceptual approaches, through the study of primary, secondary, and tertiary legal materials that are analyzed juridically qualitatively. The results of the study show that arbitration has a strategic position in resolving business disputes because it provides procedural flexibility, expertise-based settlement, confidentiality protection, and final and binding awards. However, the effectiveness of arbitration still faces challenges related to the implementation of awards, the professionalism of arbitrators, and harmonization with the national judicial system. Thus, arbitration serves not only as an alternative to litigation, but also as a legal instrument that supports legal certainty, efficiency, and stability of modern business relationships.

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Journal Info

Abbrev

jcisnu

Publisher

Subject

Religion Arts Humanities Law, Crime, Criminology & Criminal Justice

Description

Jurnal Cendikia ISNU SU is a scholarly platform dedicated to advancing research and critical discussions in the field of law. The journal embraces a wide range of topics that reflect the dynamic development of legal studies, both in national and international contexts. The scope of the journal ...