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‘Pro Enforcement Bias’ Under Article V Of The New York Convention In International Commercial Arbitration: Comparative Overview, Fifi -. Junita -
‘Pro Enforcement Bias’ Under Article V Of The New York Convention In International Commercial Arbitration: Comparative Overview, Fifi -. Junita -
Indonesia Law Review
This article explores the main features of exceptions to enforcement under Article V of the NYC, including its exhaustive and discretionary natures. It then specifically provides an overview of narrow judicial control over the grounds for refusing enforcement under the Article V of the NYC. It points out the fundamental principles of the provision in determining the enforceability of international arbitral awards. Then this article will occasionally refer to international arbitral cases in some jurisdictions, such as the United States, France and Switzerland. It is noted that courts and legislatures in those jurisdictions have moved towards pro-enforcement policy to questions …
Informal Dispute Resolution Based On Adat Law: A Case Study Of Land Dispute In Flores, East Nusa Tenggara, Indonesia, Najmu Laila Sopian
Informal Dispute Resolution Based On Adat Law: A Case Study Of Land Dispute In Flores, East Nusa Tenggara, Indonesia, Najmu Laila Sopian
Indonesia Law Review
The issue of law enforcement is central to land property rights. Modes of property rights enforcement can be performed either with or without intervention of the state. This article focuses on the latter mode of enforcement; that is, how people manage to enforce their land rights without the involvement of state institutions and to what extent informal arrangements can offer effective enforcement and secure land property rights. This article also contributes to the debate on how formal and informal institutions can be used to secure property rights and resolve disputes over land ownership. In particular, this paper examines how the …