Proceedings of The 6th International Conference on Research in Behavioral and Social Sciences
Year: 2019
DOI: https://www.doi.org/10.33422/6th.icrbs.2019.07.425
The Limitation of Final and Binding Arbitral Awards: How Far in Supporting the Autonomy of Arbitration?
Dr.Elisabeth Sundari
ABSTRACT:
The nature of a final and binding awards in arbitration bind the parties not to appeal and this meets the certainty in settling disputes. In the other hand, an error, corruption, or other undue means may happen in rendering awards which cause injustice for the parties to dispute. Hearing those mistakes before the court may breach the autonomy of arbitration as the compromise-based disputes resolution. This research aims to explain how the most countries provide that issue and the posibility to hear the issue before the arbitration. Empirical and normative legal research was conduct to redress the issue. The data are collected from the provision of arbitral awards and its effect in international frame work, even to autonomy and justice principles, to be analized qualitatively to answer the issues. The result found that most countries tend to limit the final and binding effect of arbitral awards, in certain grounds and routes which is contrary to certainty, and autonomy principle, but supporting justice. It is difficult to achieve together certainty as well as justice. On the grounds of voluntary, mutual solution, and finality principles in arbitration, it may be proposed to bring certainty and justice closer by (1) including the judge in composing arbitral tribunal to review the legal aspect (2) providing certain requirement to make an ultimate award (3) requiring the parties making agreement that they will not file any objection to the arbitral awards it rendered to.
Keywords: arbitral awards; final and binding; autonomy; justice.