Comparative analysis of e-commerce arbitration in business dispute resolution in Indonesia And China
Abstract:
Purpose: In Indonesia, arbitration is regulated by Law No. 30/1999 on Arbitration and Alternative Dispute Resolution, while China employs the China International Economic and Trade Arbitration Commission (CIETAC) for arbitration. Both countries have developed legal frameworks for arbitration, yet notable differences exist in the implementation of online arbitration. Indonesia's adoption of online arbitration accelerated significantly due to the COVID-19 pandemic, leading to the issuance of a decree by the Indonesian National Arbitration Board (BANI) in May 2020 to regulate electronic arbitration proceedings. Conversely, China had established its online arbitration system through CIETAC before the pandemic, offering comprehensive online services for dispute resolution. This study aims to analyse the differences and similarities in the use of online arbitration for business dispute resolution between Indonesia and China.
Method: The analysis will focus on the regulatory frameworks, technological integration in arbitration processes, and the readiness of each country's infrastructure to support online arbitration, providing insights into the effectiveness and efficiency of these methods in resolving business disputes.
Result: There are several differences and similarities in resolving business disputes using online arbitration methods between Indonesia and China. Although both countries do not have regulations that explicitly regulate online arbitration, both provide opportunities for the implementation of online arbitration.