Law Conflict of Laws

Indonesian Private International Law

By Afifah Kusumadara
Hart Publishing April 2021

Specifications

ISBN-13
9781509924332
Publisher
Hart Publishing
Publication
April 2021
Format
Hardback , 288 pages
Jurisdiction
Indonesia ? Countri(es) for reference only

Details

This book is the leading reference on Indonesian private international law in English. The chapters systematically cover the whole of Indonesian private international law including commercial matters, family law, succession, cross-border insolvency, intellectual property, competition (antitrust), and environmental disputes.

The chapters do not merely cover the traditional conflict of law areas of jurisdiction, applicable law (choice of law), and enforcement. The chapters also look into conflict of law questions arising in arbitration and assess Indonesian involvement in the harmonisation of private international law globally and regionally within ASEAN. Similarly to the other volumes in the Studies in Private International Law - Asia series, this book presents the Indonesian conflict of laws through a combination of common and civil law analytical techniques and perspectives, providing readers worldwide with a more profound and comprehensive understanding of the subject.

Table of Contents

Table of Abbreviations
Table of Cases
Table of Legislation
Table of Treaties and Conventions
Foreword

1. Introduction
I. The Subject Matter of Private International Law
II. Sources of Private International Law
III. History of Private International Law in Indonesia
IV. Preliminary Matters
V. Connecting Factors
VI. Substance and Procedure
VII. Proof of Foreign Law and Other Evidentiary Matters
VIII. Mandatory Rules, Ordre Public, Public Law, and the Evasion of Law

2. Jurisidiction
I. Jurisdiction in personam
II. Jurisdiction in Shipping Claims
III. Immunities from Jurisdiction

3. Choice of Law
I. Law of Obligations
II. Law of Property
III. Intellectual Property
IV. Family Law
V. Law of Corporations and Insolvency and Law of Bankruptcy
VI. Competition Law

4. Recognition and Enforcement of Foreign Judgments
I. Recognition
II. Enforcement of Judgments

5. Arbitration
I. International Commercial Arbitration
II. Investment Treaty Arbitration

6. The Harmonisation of Private International Law
I. Indonesia's Role in the Work of the Hague Conference, UNCITRAL, UNIDROIT and Other Organisations
II. The Future of Private International Law

Bibliography

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