ACCEPTANCE AND ENFORCEMENT OF INTERNATIONAL TRIBUNAL VERDICT WITHIN ASEAN COUNTRIES

Abstract

Currently, trade in Southeast Asia under the ASEAN Community is interesting that if there are disputes relating to trade and investment between ASEAN Member States, then there will be a mutual solution to make trade and investment possible without prejudice to international relations. This is a system of confidence in the justice system. Each country has its own judicial sovereignty. Dispute resolution in each country will be impartial and will not accept the judgment of each ASEAN member court. International commercial law must be innovated. Therefore, the objective of the research is to study the state of affairs of acceptance and enforcement of the decision of the ASEAN dispute resolution. According to the international convention, the propose is lead the best practices and gain acceptance in the outcome of the award to cover compulsory repayment of trade debt among member countries of the ASEAN Community. Study the factors conflicts and conditions between member countries of the ASEAN Community that cannot be enforced by the contracting parties in the ASEAN Community accepting the repayment of debts include regional or country studies. Comparative Law Analysis and the case study of each member country in the ASEAN Community will lead to the study of adoption of mandatory judgments in ASEAN Member Countries and to study, analyze and develop guidelines that lead to the standardization, acceptance and enforcement of Member States’. Finally, every party should be based on the Arbitration Rules and the New York Conventions and avoid raising the principle of peace, good morals and state policies as a ground the refusal to enforce the arbitral award.