PENYELESAIAN SENGKETA PERUSAHAAN MULTINASIONAL MELALUI ARBITRASE (KAJIAN INTERNA TIONAL CONVENTION ON THE SETTLEMENT OF INVESTMENTDISPUTES)

Hero Prahartono

Abstract

The obyective of the study is first to reveal the reason of multinational corporation using ACSID arbitration to settle down their dispute and the second is to identify the obstacles araising concerning of implementation of ACSID arbitration in Indonesia. The method of the research is used survey design which is with sociological jurisprudence approach and descriptive type. Its sampling technique is probably sampling as sample random sampling. The data sources are primary and secondary data. Collecting data method are questionnaire, interview and content
identification. Technique of data analysis base are combination of deduction and induction analytical. The final of the result is quantified, it is analyzed with quantitative, qualitative and philosophies method. According to International Agreement, arbitration can be implemented for such reason:1. There should be further Bilateral Agreement, 2. There should be some rule for domestic implementation, 3. The arbitration should be recognized by all of the countries participating in the Convention. In relation to this matter, Indonesian government has issued Supreme Court Decree No. 1/1990) as the rule for implementing The Decisions of foreign Arbitration. Based on the article 2 of Acts No. 5, 1968 , however, not all disputed resulting from foreign investment are automatically subjected to Washington Convention. The Acts stated that the Convention applies only if
there is an additional agreement between the parties, involved in the disputed. This additional requirement results in.  Contradiction. Keywords : Dispute, Arbitration, Multinational Corporation

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