Investment Dispute Settlement Mechanism：A Comparative Study between Indonesia and China

Yuan, Luo Yuan (2025) Investment Dispute Settlement Mechanism：A Comparative Study between Indonesia and China. Doctoral thesis, Universitas Tarumanagara.

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Abstract

The theme of this dissertation is the dispute resolution mechanisms for investment between Indonesia and China. Through a comparative study of the investment dispute resolution mechanisms between Indonesia and China, including an analysis of existing domestic and international pathways for resolving investment disputes (litigation, arbitration, and alternative dispute resolution), as well as relevant arbitral cases involving Chinese and Indonesian investments, this research identifies a series of deficiencies in both domestic and international frameworks for investment dispute resolution in the two countries.
Specifically, China lacks an enforcement mechanism for arbitral awards in investment disputes; Indonesia faces conflicts between its domestic laws and bilateral investment agreements, as well as insufficiently detailed and comprehensive enforcement procedures for arbitral rulings. Additionally, alternative dispute resolution mechanisms have not gained sufficient recognition from disputing parties in both countries. The global reform of investment dispute resolution mechanisms led by the Third Panel remains inefficient, while the international arbitration system suffers from personnel and institutional issues. Furthermore, there is a global absence of dedicated litigation pathways for investment disputes.
To address these challenges, the paper proposes establishing a "triangular mechanism" for international investment dispute resolution that combines international litigation, international mediation, and domestic litigation. For China's domestic reforms, it suggests implementing an investment arbitration enforcement mechanism, establishing an investment insurance system, and encouraging enterprises to assume social responsibilities. Indonesia should accelerate amendments to its bilateral investment agreements, enhance enforcement of arbitral awards, and foster the development of rule of law talent to participate in international investment dispute
resolution.
Keyword: Investment dispute, Arbitration, Bilateral Investment, Arbitral Award

Item Type:	Thesis (Doctoral)
Additional Information:	Promotor: Prof.Dr. Abdul Gani Abdullah, S.H. Co-Promotor: Dr. R.M. Gatot P.Soemartono, S.E., S.H., M.M., LLM.
Uncontrolled Keywords:	Investment dispute, Arbitration, Bilateral Investment, Arbitral Award
Subjects:	Disertasi Skripsi/Tugas Akhir > Fakultas Hukum
Divisions:	Fakultas Hukum > Ilmu Hukum
Depositing User:	FH Perpus
Date Deposited:	05 Jun 2025 08:14
Last Modified:	05 Jun 2025 08:14
URI:	https://repository.untar.ac.id/id/eprint/46984

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