JOINDER ON ICSID VIRTUAL HEARING ARBITRATION DISPUTE SETTLEMENT Muhammad Reza Syariffudin Zaki & Dina Aditania
Universitas Bina Nusantara
Abstract
COVID-19 has effects business and investment scopes and struggling to settle the impact of the unprecedented COVID-19 outbreak on their business. Countries closed border have imposed restrictions to reduce people^s movement in order to avoid infection transmission. Recently, the majority of business problem are breach of contract because the outbreak lead the postponed of business activities. Before the outbreak, settling a business dispute shall be held directly but COVID-19 has challenge to settling business cases and obliged to do the virtual hearing, on these situation the questioning of validity the virtual hearing arose. Moreover, the joinder issue has been around since before the outbreak and many pro and contra from the practitioners. There are no specific provisions dealing with the joinder of a third party in the ICSID Convention or the ICSID Arbitration Rules itself. Therefore, the validity of virtual hearing that involving joinder has been questionable. This research is entitled ^Joinder on ICSID Virtual Hearing Arbitration Dispute Settlement^, by using normative legal research methods through a statutory approach and conceptual framework. The research questions are, (1) How the validity of joinder on ICSID virtual hearing? (2) How to protect the personal data of the parties who held the ICSID virtual hearing? then it can be concluded from the formulation of the first question is the validity of joinder on virtual hearing is regulated in UNCITRAL Model Law, namely arbitral proceedings. Then, the conclusion of the second questions is protection of personal data for the parties who held virtual hearing services is regulated under UNCITRAL Model Law and other non-ICSID procedural rules.
