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When the parties choose Indonesia as the seat of arbitration, one might inquire whether Indonesian legal system is in conformity with the doctrines that developed in the field of international commercial arbitration. To fulfill that purpose, this paper discusses: (1) under the umbrella of severability doctrine, the agreement to arbitrate or arbitration clause is not classified as an accessory to the principal contract; and (2) the competence-competence doctrine is not adopted perfectly on the account of the question whether the tribunal can decide on its own jurisdiction is not explicitly touched.

The Existence of the Doctrine of Severability and Competence-Competence under the Constellation of Indonesian Arbitration Law