Title: Alternative Dispute Settlement Business Path Through The Court And Channel Beyond The Court
Abstract: Rapid economic growth and complex spawned various forms of business cooperation. Given the ever - increasing business activity, it is not possible to avoid disputes among the parties involved. Dispute arise for various reasons and underlying problems background, mainly because of the conflict of interest between the parties. Many ways resolve business dispute, depending on the agreement between the parties to the dispute. The parties to the dispute are given the freedom to determine the preferred dispute resolution mechanism, whether it will be resolved through litigation ( court ) or through non litigation (out of court) using ADR ( Alternative Dispute Resolution ), to the extent not otherwise provided in laws. Dispute Resolution business through the courts reguated in Law Number 48 Year 2009 concerning Judicial Authority, dispute resolution outside the court lines set in Act Number 30 Year 2009 on Arbitration and Alternative Dispute Resolution. Dispute settlement outside of court, i e the arbitration, more chosen than through the courts because: guaranteed confidentiality, the parties may determine the choice of law to resolve the problem, the place and the process of the arbitration and the arbitrator’s decision is a decision that is binding on the parties to the procedure ( procedure) simple or can be directly implemented. Court setllement of disputes through many avoided because: the high cost, too slow and a waste of time. Issues to be addressed in this study include:
Publication Year: 2017
Publication Date: 2017-07-29
Language: en
Type: article
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