PELAKSANAAN PILIHAN HUKUM DALAM KONTRAK TRANSAKSI BISNIS INTERNASIONAL

Ijlal Falih Dwianto, . (2024) PELAKSANAAN PILIHAN HUKUM DALAM KONTRAK TRANSAKSI BISNIS INTERNASIONAL. Skripsi thesis, Universitas Pembangunan Nasional Veteran Jakarta.

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Abstract

Choice of law is one of the key elements in international business transactions, which determines which law will be applied to the contract. As an important instrument, choice of law in contracts is also used as a regulatory tool to protect the rights and obligations of the parties involved. The choice of law also faces the unique challenges of resolving international business transaction disputes that have arisen with Globalization and the rapid growth of technology on an international scale. This study aims to determine the choice of law in this contract, which is a crucial aspect that forms the framework for how the choice of law works in practice and how dispute resolution is managed. This study uses a normative juridical research method with a statutory and library approach. The results of this study will explain that the choice of law in international business transaction contracts is the most important thing that gives certainty to the parties to apply independent law when resolving disputes. The use of United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention 1958)and the 1980 Vienna Convention on Contracts for the International Sale of Goods (CISG) as sources of law is also reviewed to providing a comprehensive international legal framework for understanding and applying choice of law. And also reviewing related national legal sources, namely Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution which provides knowledge in understanding and applying choice of law.

Item Type: Thesis (Skripsi)
Additional Information: [No.Panggil: 2010611184] [Pembimbing: Heru Suyanto] [Ketua Penguji : Muhammad Ali Hanafiah Selian] [Penguji 1: Muthia Sakti] [Penguji 2: Heru Suyanto]
Uncontrolled Keywords: Globalization and rapid technological growth have transformed the way we interact and transact on an international scale. International business contracts, as crucial instruments in global trade, face unique challenges in resolving emerging disputes and play an important role as a legal tool that regulates and protects the rights and obligations of the parties involved. A key element in international business contracts is the choice of law, which determines which law will be applied to the contract. The choice of law in these contracts becomes a crucial aspect that shapes how the choice of law works in practice and how dispute resolution is managed in specific cases. The use of UNCITRAL and the 1980 Vienna Convention on Contracts for the International Sale of Goods (CISG) as sources of law are also reviewed, providing a comprehensive international legal framework for understanding and applying the choice of law.
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum > Program Studi Hukum (S1)
Depositing User: Ijlal Falih Dwianto
Date Deposited: 26 Feb 2024 07:03
Last Modified: 26 Feb 2024 07:03
URI: http://repository.upnvj.ac.id/id/eprint/28793

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