THE ROLE OF THE ARBITRATION BOARD IN THE SETTLEMENT INVESTMENT DISPUTES

Abstract

The arbitration clause is one of the efforts to attract foreign investors and to give confidence to entrepreneurs from developed countries as capital lenders will get legal treatment for the guaranteed of their activities in Indonesia. The dispute settlement process through arbitration is basically no different from the dispute settlement process through the courts in general, but the structure in the sense of the institutional structure, between arbitration and the court is very different. The enforcement of the arbitral award is carried out voluntarily and if the parties are not willing to comply with the voluntary implementation of the arbitral award, the arbitral award can be enforced by force. The content of the arbitration clause must be about dispute resolution issues relevant to the subject matter of the agreement. Investment dispute resolution through an arbitration institution as an alternative to out-of-court dispute resolution. It is basically no different from the process of examining disputes through the courts in general, but the structure in the sense of institutional structure, between arbitration and the court is very different.