Contradiction: Inclusion of multiple dispute settlement clauses in the agreement

Habib Adjie

Faculty of Law, Universitas Narotama, Surabaya, Indonesia.

Abstract:

Dispute settlement clauses hold greater significance in Indonesia because they aid in providing clear procedures and mechanisms for resolving disputes among parties, reducing misunderstanding, and ensuring that both parties have the clarity to resolve conflicts. The present study has incorporated a “qualitative normative judiciary approach” to assess the dispute resolution clauses in Indonesia. Results indicated that by establishing and deciding a particular method for resolving disputes, the Indonesian dispute resolution clauses can help in preventing costly legal battles among parties. For resolving disputes, different methods are in common to be implemented by Indonesian disputed parties which include litigation, mediation, arbitration, negotiation, and conciliation etc. These clauses are regulated based on varied regulations and rules such as the arbitration framework is supervised, monitored, and governed through Law No. 30 of 1999. Similarly, BANI and LEMAN are also widely implemented legal frameworks that focus on resolving disputes. The present research holds numerous theoretical and practical implications. This study extends the growing body of literature regarding dispute resolution clauses in agreements. Practically this research provides beneficial insights regarding the ways through which disputes can be resolved in Indonesia following the legal framework.

Keyword:

Dispute resolution, Clauses, Arbitration, Mediation, Negotiation, Conciliation, Litigation