Inclusion Of The Arbitration Clause In The Notary Deed As A Dispute Settlement Forum

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Habib Adjie , Royyan Hafizi


The Dispute Settlement Clause in an agreement (in a notarial deed or under the hand) is an attempt to limit the parties, if a dispute arises from the parties' agreement, the dispute settlement forum is unequivocal. On the other hand, the presence of the clauses requires anyone (including the court) to reject whatever is indicated in the final decision. This study uses a library research methodology by collecting data from several literature books, journals and laws with analysis of relevant research literature the results of this study analyze normatively, no provision obliges to include such a clause in the agreement it makes, but it is the choice and desire of the parties as Partij Autonomy. It is the obligation of the parties if there is a dispute to resolve it through arbitration, and then it is obligatory to make an Arbitration Agreement with a notary deed, if not done then the legal action is null and void. So that an Arbitration Agreement can be made before a dispute occurs, which is made to be included in the parent agreement (Factum de Compromitendo) or after a dispute (Deed of Compromise).

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