Mediation Developments in Indonesia

*Sonal Okhade and Carol (Xinyu) Liu I INTRODUCTION Mediation plays an important role in the world of dispute resolution. The fact that mediation is preferred over litigation in some circumstances cannot be separated from its quick, cheap and effective process, as well as its inherent purpose to achieve a mutually acceptable win-win outcome.[1] This paper will firstly examine the main legislative developments for mediation in Indonesia. Based on these updates and issues with implementation, this paper will accordingly examine possible improvements; [...]

Arbitration Developments in Vietnam

*Linh Đoàn and Carol (Xinyu) Liu I INTRODUCTION The Vietnam National Assembly enacted the Law on Commercial Arbitration[1] (‘LCA’) on 1 January 2011. It is based on the the United Nations Commission on the International Trade Law Model Law to promote general and commercial arbitration. Recently, arbitration in Vietnam has gained momentum, as its domestic and international dispute resolution capability matures. This paper will examine three aspects of arbitration in Vietnam: (1) arbitral institutions, (2) recent Court’s decisions, and (3) recognition and [...]

“Emergence of a New Dimension to the Judicial System:” “AI” – A Threat or Boon?

*Aditya Gatlewar Abstract The robotic judge that was once only seen in science fiction films has finally become a reality. The COVID-19 pandemic underlined a greater need for innovation for resolving disputes as humans vacated our court rooms. But with machines potentially more innovative and considerably faster than the human brain, allowing them to operate as judges may pose a threat to the legal system. This article  examines the risks and benefits of such technology to evaluate whether it is a threat or a boon. Introduction The right to “Access to Justice” has been integral to the [...]

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