THE ROLE OF UNITED NATIONS COMMISSION ON INTERNATIONAL TRADE LAW (UNCITRAL) INTERNATIONAL ARBITRATION AGENCY IN SETTLEMENT OF DISPUTES FOR SHARE DIVESTATION BETWEEN THE INDONESIAN GOVERNMENT AND PT. NEWMONT NUSA TENGGARA 2008-2009

Abstract

This research background is the role of international arbitration as an alternative way to solve a dispute in effective and fair manner. The purpose of this research is to investigate the role of the United Nation Commission on International Trade Law (UNCITRAL) in resolution of divestment dispute between Indonesia government and PT. Newmont Nusa Tenggara from 2008 until 2009. This study analyzes some key points, which are: the reason behind UNCITRAL involvement; the dispute settlement process; UNCITRAL’s comprehensive moves in the process; and the obstacles UNCITRAL had to face during the process. The method used is qualitative method. The data collection incorporates interviews and literature study both offline and online. Research conducted in the bureau of law and public relations of the Ministry of Energy Resources and Mineral, PT. Newmont Nusa Tenggara, and UNCITRAL. The results show the reason of UNCITRAL involvement based on arbitration clauses made on mutual agreement in the appointment of UNCITRAL and also explains the problem solving process under UNCITRAL’s Arbitration Rules and the decision of divestment dispute. This research concludes the reason of UNCITRAL involvement based on the fact that as an independent actor UNCITRAL would make the right decisions without affected by outsiders’ power or compulsion. Hence, by conducting the dispute settlement process by Arbitral Assembly under the procedures of UNCITRAL then it proves UNCITRAL’s role as an instrument used by Indonesia to get divestment of PT. Newmont Nusa Tenggara.