A Comparative Study Between The Institutional Arbitration in Indonesia and Singapore

Margaretha Indra, Nancy (2012) A Comparative Study Between The Institutional Arbitration in Indonesia and Singapore. Undergraduate thesis, Universitas Internasional Batam.

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Abstract

Today, arbitration has become one of the popular dispute resolutions. Indonesia has its arbitration law and arbitration institutions that can be chosen by parties for their dispute settlement. Similarly, Singapore has its arbitration law and an international arbitration institution which has been known around the world. This research aims to find out the similarities and differences between the Singaporean and Indonesian Arbitration Institutions. In addition, the research is to examine the strengths and weaknesses of the Singaporean Arbitration Institution and Indonesian Arbitration Institution. Furthermore, the research aims to analyze which of the two states’ arbitration institutions is better, then how to adopt the strengths of the better arbitration institution. This research uses a normative research which in particular adopts the approaches of the history of law and comparative law. This research uses secondary data which consists of a primary legal materials (mainly legislation), secondary legal materials (e.g. journals and books) and tertiary legal materials (i.e. dictionaries). Most of the data is collected from the library research. Yet, in order to strengthen the data, interviews are also conducted in this research. The analysis of data used in this research is a qualitative analysis. The research finds that both Indonesia and Singapore are the members of the 1958 New York Convention. The arbitration institutions in Singapore and Indonesia have a number of similarities, namely both of them allow using a sole arbitrator or three arbitrators in arbitration proceedings. Both of the arbitration institutions have a vision and mission, good governing board and rules. The differences of the two arbitration institutions are the Singaporean arbitration institution adopt the UNCITRAL Model Law, whereas this Model Law is not adopted by the Indonesian arbitration institutions. The fees of the Indonesian arbitration institutions are cheaper than those of the Singaporean ones. Indonesia has specific arbitration institution in Islamic law. Nevertheless, this research finds that the Singaporean arbitration institution has more strengths than those of Indonesian ones; therefore this research recommends that the Indonesian arbitration institutions should adopt the strengths of Singaporean arbitration institutions. Key words: Arbitration, Institution, Indonesia and Singapore.

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