Choice of Arbitrators Regarding Dispute Settlement (Comparing Indonesia and Russia)

Abstract

Arbitration is a mechanism for resolving civil disputes outside traditional courts, governed by a written arbitration agreement between the disputing parties. Limited to commercial and specific disputes like banking, an arbitration tribunal, consisting of arbitrators, hears and decides these matters. In Indonesia, Law Number 30 of 1999 states that the appointment of two arbitrators grants them authority to select a third. Meanwhile, Russian laws, such as Federal Law No. 382-FZ and Law No. 5338-1, empower the Nomination Committee of Permanent Arbitration to appoint a third arbitrator from an approved list. This article employs a normative juridical method with a comparative law approach to scrutinize the selection and appointment of a third arbitrator according to Indonesian and Russian law. Qualitative analysis reveals that, under certain circumstances, all three arbitrators may be appointed by the Nomination Committee or even the general jurisdiction court, as outlined in the Russian International Commercial Arbitration Court's regulations. The article underscores the importance of providing legal certainty to disputing parties, empowering arbitrators, and avoiding conflicts that could impede dispute resolution. By shedding light on the appointment process, this research aims to contribute to the efficacy of arbitration as a judicious alternative for resolving disputes.

Keywords

• Arbitrator
• Appointment/Designation
• Indonesia
• Russia