Arbitration Clauses and Dualism in Dispute Resolution: When Arbitration Does Not Completely Foreclose Access to Litigation

Arbitration Clauses and Dualism in Dispute Resolution: When Arbitration Does Not Completely Foreclose Access to Litigation | Zenodo Skip to main Communities My dashboard Log in Sign up Zenodo is currently experiencing slowness and intermittent outages due to heavy automated traffic from bots and AI crawlers. We are aware of the problem, and our team is focused on stabilizing the service. Thank you for your patience. Published May 6, 2026 | Version v1 Journal article Open Arbitration Clauses and Dualism in Dispute Resolution: When Arbitration Does Not Completely Foreclose Access to Litigation Authors/Creators Berry Alfa Thoriq, 1 Ery Agus Priyono, 1 Show affiliations 1.

Master of Law, Faculty of Law, Diponegoro University Description This study analyzes the position of arbitration clauses within the Indonesian civil law system and the issue of dualism in dispute resolution between arbitration and the courts. Although Law Number 30 of 1999 affirms the absolute competence of arbitration and the final and binding nature of its awards, judicial intervention still occurs in practice through determinations of jurisdiction, annulment of awards, and broad interpretations of public order. This research employs a normative juridical method with statutory, conceptual, and case approaches. The findings indicate that the dualism of authority is caused by inconsistent application of legal norms and weaknesses in drafting arbitration clauses. Therefore, strict limitations on judicial intervention and comprehensive drafting of arbitration clauses are necessary to strengthen legal certainty and enhance the effectiveness of arbitration as a non-litigation dispute resolution mechanism. Files 15.pdf Files (295.6 kB) Name Size Download all 15.pdf md5:ac9f8e1cdcfd327fdc50a22ce58e5e80 295.6 kB Preview Download 22 Views 12 Downloads Show more details All versions This version Views Total views 22 22 Downloads Total downloads 12 12 Data volume Total data volume 3.5 MB 3.5 MB More info on how stats are collected.... Versions External resources Indexed in OpenAIRE Communities Keywords and subjects Keywords Arbitration clause, absolute competence, dualism of authority, final and binding, judicial intervention, legal certainty. Details DOI DOI Badge DOI 10.5281/zenodo.20047883 Markdown [](https://doi.org/10.5281/zenodo.20047883) reStructuredText .. image:: https://zenodo.org/badge/DOI/10.5281/zenodo.20047883.svg :target: https://doi.org/10.5281/zenodo.20047883 HTML <a href="https://doi.org/10.5281/zenodo.20047883"><img src="https://zenodo.org/badge/DOI/10.5281/zenodo.20047883.svg" alt="DOI"></a> Image URL https://zenodo.org/badge/DOI/10.5281/zenodo.20047883.svg Target URL https://doi.org/10.5281/zenodo.20047883 Resource type Journal article Publisher International Journal of Social Science and Human Research Published in International Journal of Social Science and Human Research, 09(05), 3570-3575, ISSN: 2644-0695, 2026. Languages Old English (ca. 450-1100) Rights License Creative Commons Attribution 4.0 International The Creative Commons Attribution license allows re-distribution and re-use of a licensed work on the condition that the creator is appropriately credited. Read more Citation Export Technical metadata Created May 6, 2026 Modified May 6, 2026 Jump up About About Policies Infrastructure Principles Projects Roadmap Contact Blog Blog Support Help FAQ Developers REST API OAI-PMH Contribute GitHub Donate Funded by Powered by CERN Data Centre & InvenioRDM Status Privacy policy Cookie policy Terms of Use This site uses cookies. Find out more on how we use cookies Accept all cookies Accept only essential cookies

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