Arbitrator's Dilemma: Troubles With the Same Person as Both Mediator and Arbitrator in Indonesia

Abstract

A form of alternative dispute resolution that combines mediation and arbitration is not new. In such “med-arb” situations - many sees the cost and efficiency advantage of having to only appoint one person who can serve as both mediator and arbitrator. This format would mean that there is no need for the neutral to re-learn the facts of the case – for one. However, this format does not come with no cost. The procedural concerns arising out of such situations ranges – from confidentiality concerns, impartiality concerns and validity and enforceability concerns. This paper aims to see how Asian jurisdictions respond to this issue – and determine if the arbitrator’s dilemma is something that parties should be concerned about when dealing with disputes in Asia.