Pustaka Ilmiah Universitas Padjadjaran

Abstrak

Penerapan Asas Ketertiban Umum Dan Pembatasannya Dalam Pengakuan Dan Pelaksanaan Putusan Arbitrase Asing Di Indonesia Berdasarkan Konvensi New York 1958

Distinction of law, economic, geography and natural resources is one of the dispute causes in internatonal trade. This dispute is supposed to be settled by International Arbitration The problem is about recognition and enforcement of foreign arbitral award in some countries. Article V of New York Convention 1958 regulates about qualifications that should be completed for the award so it can be recognized and enforced. One of these is not the opposite of publlic policy which is regulated in article V (2) (b). Basically this principle has not had clear restriction in the appllication. Indonesia defines public policy as a fundamental principle from all law systems and Indonesian society. It is also observed in many aspects that everything which is in law regulation is one of the limitations in applying public policy principle.