Commercial Arbitration

Last verified on Tuesday 28th March 2023

Commercial Arbitration: Indonesia

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Infrastructure

1. Is your state a party to the New York Convention? Are there any noteworthy declarations or reservations?

Indonesia

Yes, Indonesia is a party to the New York Convention having ratified it on 5 August 1981 under Presidential Decree No. 34 of 1981. What is important is that the New York Convention has been in force in Indonesia since 5 January 1982. Other than the New York Convention, Indonesia has not signed any other treaty on the recognition and enforcement of arbitration awards.

In addition to the New York Convention, Indonesia signed another noteworthy declaration, the International Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention) on 16 February 1968. Following this, Indonesia issued Law No. 5 of 1968 on the Settlement of Investment Disputes between States and Nationals of Other States on 29 June 1968 whereby the ICSID Convention entered into force in Indonesia on 28 October 1968.

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2. Is your state a party to any other bilateral or multilateral treaties regarding the recognition and enforcement of arbitral awards?

Indonesia

No, Indonesia has not signed any other bilateral or multilateral treaties regarding the recognition and enforcement of arbitral awards.

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3. Is there an arbitration act or equivalent and, if so, is it based on the UNCITRAL Model Law? Does it apply to all arbitral proceedings with their seat in your jurisdiction?

Indonesia

Yes, Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution (Arbitration Law) and it is not based on the UNCITRAL Model Law. The Arbitration Law applies to all domestic and international arbitral proceedings having Indonesia as the seat of arbitration.

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4. What arbitration bodies relevant to international arbitration are based within your jurisdiction? Do such bodies also act as appointing authorities?

Indonesia

The main and oldest arbitration body in Indonesia is the Indonesian National Arbitration Board (BANI Arbitration Centre), which has its own rules and procedures and can manage disputes and act as the appointing authority. However, in the international context, the International Chamber of Commerce has a presence in Indonesia, but it does not manage the submission of disputes or act as the appointing authority.

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5. Can foreign arbitral providers operate in your jurisdiction?

Indonesia

As far as we know, a foreign arbitration body cannot operate in Indonesia. However, a foreign arbitrator (as an individual) can provide his or her services as an arbitrator in Indonesia.

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6. Is there a specialist arbitration court? Is the judiciary in your jurisdiction generally familiar with, and supportive of, the law and practice of international arbitration?

Indonesia

No, there is no specialist arbitration court in Indonesia. The district court with jurisdiction over the respondent is the authority that will try and rule on any annulment proceedings or enforcement procedures for a domestic arbitration award.

For international arbitration awards, the Central Jakarta District Court is the court authorised to handle their enforcement. However, if the award is against a state asset, the authorised institution is the Supreme Court.

Nowadays, while the Central Jakarta District Court and the Supreme Court are not familiar with the trends in international arbitration, they do support the enforcement of international arbitration awards in Indonesia because they usually dismiss an application for the annulment of an international arbitration award on the ground that Indonesian courts do not have jurisdiction under article V (1) (e) of the New York Convention.

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Agreement to arbitrate

7. What, if any, requirements must be met if an arbitration agreement is to be valid and enforceable under the law of your jurisdiction? Can an arbitration agreement cover future disputes?

Indonesia

An agreement is valid under Indonesian law if it satisfies the following requirements for a contract to be valid:

  • the consent of the parties to it;
  • the parties having the capacity to enter into an agreement;
  • the agreement having a clear object; and
  • the agreement having a lawful cause.

The Arbitration Law requires an arbitration agreement to be drawn up in writing and contain an arbitration clause or a separate agreement may be entered into after a dispute arises. The arbitration clause should state, among other things, the parties’ intention to settle any dispute through arbitration, and specify the arbitration rules and the seat of arbitration.

An arbitration agreement entered into after a dispute arises must be signed by both parties and drawn up in notarial deed form. The Arbitration Law requires an arbitration agreement to contain at least:

  • the matter under dispute;
  • the parties’ full names and addresses;
  • the arbitrator’s or panel of arbitrators’ full names and addresses;
  • the seat of arbitration;
  • the secretary’s full name and address;
  • the settlement period;
  • the arbitrators’ acceptance; and
  • the parties’ commitment to bear the arbitration fees.

Without these requirements, an agreement is deemed null and void.

Yes, an arbitration agreement can cover future disputes as long as the parties agree in writing on the matters or issues that can be arbitrated.

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8. Are any types of dispute non-arbitrable? If so, which?

Indonesia

As a general rule, arbitration is only available for disputes of a commercial nature and those concerning rights held by the disputing parties under the prevailing laws and regulations. Disputes that cannot be settled amicably under the laws cannot be settled through arbitration, for example, any dispute related to criminal law.

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9. Can a third party be bound by an arbitration clause and, if so, in what circumstances? Can third parties participate in the arbitration process through joinder or a third-party notice?

Indonesia

A third party who is not a party to the arbitration agreement is only allowed to participate in the arbitration proceedings between the disputing parties if (i) the third party has a relevant interest in the proceedings, (ii) the disputing parties agree, and (iii) the arbitrator or panel of arbitrators approves.

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10. Would an arbitral tribunal with its seat in your jurisdiction be able to consolidate separate arbitral proceedings under one or more contracts and, if so, in what circumstances?

Indonesia

The Arbitration Law is silent on this matter, but since under it provides the parties are entitled to choose the rules and procedures that will apply to their dispute, any consolidation of arbitration proceedings will depend on the rules and procedures they have agreed to.

For example, under the 2022 BANI Rules and Procedures (Rules), the Chairman of BANI may, at the request of a party, consolidate two or more arbitrations under the Rules into a single arbitration provided that:

  • the parties have agreed to consolidation and the arbitration dispute arises from the same legal relationships;
  • the request for arbitration is made under a number of agreements the parties to which are the same and the choice of arbitration institution is BANI; or
  • the request for arbitrations is made under a number of agreements to which one of the parties is the same and the choice of arbitration institution is BANI.

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11. Is the "group of companies doctrine" recognised in your jurisdiction?

Indonesia

In general, the ‘group of companies’ doctrine is not recognised under Indonesian law because each company is considered a different legal entity.

As for piercing the corporate veil doctrine, under the Indonesian Company Law, a party (the shareholder(s) of the company) can be held liable if:

  • the requirements for the company to be a legal entity are not or have not been satisfied;  
  • the party is (either directly or indirectly) acting in bad faith and exploiting its subsidiary for its own interests;
  • the party was involved in any illegal act committed by its subsidiary; or
  • the party (either directly or indirectly) has illegally utilised the assets of its subsidiary, which has resulted in the company’s assets becoming insufficient to settle the company’s debts.

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12. Are arbitration clauses considered separable from the main contract?

Indonesia

Yes, the arbitration clause is considered a separate agreement from the main contract because an arbitration clause does not become null and void even if the main contract has expired or become void.

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13. Is the principle of competence-competence recognised in your jurisdiction? Can a party to an arbitration ask the courts to determine an issue relating to the tribunal's jurisdiction and competence?

Indonesia

Yes, it is. This principle applies in Indonesia so district courts do not have jurisdiction over disputes between parties that are bound by an arbitration agreement.

During the formation of the arbitral tribunal, a party can file a demand for the recusal of the appointment of an arbitrator to the Chairman of the District Court with jurisdiction over the respondent’s legal domicile on the following grounds:

  • sufficient cause and authentic evidence have been found to suspect that the arbitrator will not perform his or her duties independently or will be biased in rendering the award; or
  • it has been proved that the arbitrator has a family, financial or employment relationship with one of the disputing parties or its representative.

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14. Are there particular issues to note when drafting an arbitration clause where your jurisdiction will be the seat of arbitration or the place where enforcement of an award will be sought?

Indonesia

An arbitration clause should state, among other things, the parties’ intention to settle any dispute through arbitration, and specify the arbitration rules and the seat of arbitration. If the arbitration agreement is entered into by the parties after the dispute arises, it must be drawn up in notarial deed form and contain at least:

  • the matter under dispute;
  • the parties’ full names and addresses;
  •  the arbitrator’s or panel of arbitrators’ full names and addresses;
  • the seat of arbitration;
  •  the secretary’s full name and address;
  • the settlement period;
  •  the arbitrators’ acceptance; and
  • the parties’ commitment to bear the arbitration fees.

Without these requirements, an arbitration agreement is deemed null and void.

Regarding the enforcement procedures, it is important to note that there is no specific timeline for when the party seeking enforcement will receive the proceeds from the enforcement.

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15. Is institutional international arbitration more or less common than ad hoc international arbitration? Are the UNCITRAL Rules commonly used in ad hoc international arbitrations in your jurisdiction?

Indonesia

Yes, in Indonesia, disputing parties more often use institutional international arbitration (SIAC or ICC), than ad hoc international arbitration. Indonesian parties usually opt for UNCITRAL Rules and Procedures because they have a long-term contract (old contract) or they have not agreed on or specified which international arbitration body they will submit a dispute to.

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16. What, if any, are the particular points to note when drafting a multi-party arbitration agreement with your jurisdiction in mind? In relation to, for example, the appointment of arbitrators.

Indonesia

The Arbitration Law is silent on this matter, and therefore it is up to the parties how they draft the multi-party arbitration agreement. For example, if a dispute is likely to only involve some of the parties, all of the parties should agree from the beginning that the arbitration proceedings will only involve the disputing parties, not all the contracting parties.

On the appointment of the arbitral tribunal, it will be easier and less likely to lead to conflict if, for example, the contracting parties agree that in the event a dispute arises out of the contract, the appointing authority agreed to under the agreed rules and procedures will nominate and appoint the arbitral tribunal independently unless it can be proved that the arbitral tribunal is biased or has a family, financial or employment relationship with one of the contracting parties.

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Commencing the arbitration

17. How are arbitral proceedings commenced in your jurisdiction? Are there any key provisions under the arbitration laws of your jurisdiction relating to limitation periods of which the parties should be aware?

Indonesia

In Indonesia, the arbitration proceedings commence when the claimant serves the other party a written notice of arbitration and subsequently submits the written request for arbitration. However, it is subject to the agreed to rules and procedures because, for example, under the 2022 BANI Rules and Procedures, serving a notice of arbitration is not mandatory.

In Indonesia, the general statute of limitations on legal claims and obligations related to it expires after 30 years. In practice, the 30 years begin when the relevant right first arises (ie, after a contract is concluded or a certain right under the contract is triggered).

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Choice of law

18. How is the substantive law of the dispute determined? Where the substantive law is unclear, how will a tribunal determine what it should be?

Indonesia

The substantive law will be determined based on the prevailing laws and regulations. If the substantive law is unclear, it will be determined based on the common practice in the relevant situation and industry and the opinion of an expert.

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Appointing the tribunal

19. Does the law of your jurisdiction place any limitations in respect of a party's choice of arbitrator?

Indonesia

In general, a party is entitled to nominate any person as an arbitrator, However, in Indonesia, someone can only act as an arbitrator if he or she:

  • is competent to perform legal acts;
  • at least 35 years old;
  • has no family relationship (by blood or marriage) to the third degree with any of the disputing parties;
  • has no financial or other interest in the arbitration award; and
  • has at least 15 years’ experience and active mastery in the relevant field.

However, judges, prosecutors, clerks and other court officials may not be appointed as arbitrators.

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20. Can non-nationals act as arbitrators where the seat is in your jurisdiction or hearings are held there? Is this subject to any immigration or other requirements?

Indonesia

The Arbitration Law is silent on foreign citizen arbitrators. However, a foreign citizen can usually act as an arbitrator in Indonesia. For example, BANI has a list of foreign citizen arbitrators that the disputing parties can opt for if they agree that their dispute will be settled by the BANI Arbitration Centre. To act as an arbitrator in Indonesia, a foreign citizen must comply with the immigration laws and regulations.

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21. How are arbitrators appointed where no nomination is made by a party or parties or the selection mechanism fails for any reason? Do the courts have any role to play?

Indonesia

The appointment of the arbitral tribunal depends on the agreement between the parties. If they fail to agree or there is no provision on it, the arbitrator or arbitral tribunal will be appointed by the Chairman of the District Court with jurisdiction over the respondent’s legal domicile.

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22. Are arbitrators afforded immunity from suit under the law of your jurisdiction and, if so, in what terms?

Indonesia

Yes, an arbitrator or arbitral tribunal will not be held legally responsible for any action taken during the proceedings to perform his or her functions unless it is proved that he or she took it in bad faith. Further, if the arbitrator or arbitral tribunal fails to render an award within the time limit provided for no valid reason, the arbitrator or the arbitral tribunal may be ordered to pay compensation for the costs and losses incurred by the disputing parties because of the delay.

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23. Can arbitrators secure payment of their fees in your jurisdiction? Are there fundholding services provided by relevant institutions?

Indonesia

In Indonesia, the arbitration costs (the arbitrator’s fee, travel costs, witness’ and experts’ expenses and the administration fee) are determined by the arbitrator. However, if the arbitration proceedings are administered and managed by the BANI Arbitration Centre, payment of the arbitration costs will be managed by the BANI Arbitration Centre. In which case, the disputing parties must pay them first (usually they are paid in full by the claimant) before the arbitration proceedings commence. If the claimant pays all of the arbitration costs first, the respondent’s share of and liability for the arbitration costs will be determined and decided by the arbitrator or arbitral tribunal under the arbitration award.

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Challenges to arbitrators

24. On what grounds may a party challenge an arbitrator? How are challenges dealt with in the courts or (as applicable) the main arbitration institutions in your jurisdiction? Will the IBA Guidelines on Conflicts of Interest in International Arbitration generally be taken into account?

Indonesia

The ground for filing a demand for recusal may be one of the following:

  • sufficient cause and authentic evidence have been found to suspect that the arbitrator will not perform his or her duties independently or will be biased in rendering the award; or
  • it has been proved that the arbitrator has a family, financial or employment relationship with one of the disputing parties or its representative.

The disputing parties can file a demand for the recusal of the appointment of an arbitrator to the Chairman of the District Court with jurisdiction over the respondent’s legal domicile.

No, in Indonesia, the IBA Guidelines on Conflicts of Interest in International Arbitration are not usually referred to.

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Interim relief

25. What main types of interim relief are available in respect of international arbitration and from whom (the tribunal or the courts)? Are anti-suit injunctions available where proceedings are brought elsewhere in breach of an arbitration agreement?

Indonesia

The arbitrator or the arbitral tribunal may issue one of the following provisional or other interlocutory award at the request of one of the disputing parties: (i) an attachment order against the respondent’s assets or goods, (ii) an order to deposit the goods with a third party, or (iii) an order to sell perishable goods (eg fruits and vegetables).

The Arbitration Law is silent on the concept of anti-suit injunctions. In general, any court in Indonesia should declare that it does not have jurisdiction case if the parties are bound by an arbitration agreement.

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26. Does the law of your jurisdiction allow a court or tribunal to order a party to provide security for costs?

Indonesia

In principle, Indonesian law does not recognise security for costs, although a party may request security if it is allowed under the chosen arbitration rules and procedures. If the underlying agreement is governed and to be construed by a foreign law that allows security for costs, the party may ask the arbitrator or arbitral tribunal to rule on this matter.

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Procedure

27. Are there any mandatory rules in your jurisdiction that govern the conduct of the arbitration (eg, general duties of the tribunal and/or the parties)?

Indonesia

In Indonesia, the mandatory arbitration rules are related to the time limit for the issuance of an award, which is 180 days as of the constitution of the arbitrator or arbitral tribunal. However, the time limit can be extended for certain reasons, for example, if the disputing parties agree to it.

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28. What is the applicable law (and prevailing practice) where a respondent fails to participate in an arbitration?

Indonesia

If the respondent does not appear or attend the first hearing on the date set by the arbitrator, the arbitrator will re-summon the respondent. If the respondent still does not appear or attend the hearing for no valid reason although the summonses have been served properly, the proceedings will continue in the respondent’s absence and all the claims filed by the claimant will be examined and granted unless the claims are groundless.

In practice in Indonesia, the respondent usually attends the first hearing upon receiving the second summons from the arbitrator. In the absence of the respondent, the arbitrator usually grants the claims (in a whole or partial) filed by the claimant.

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29. What types of evidence are usually admitted, and how is evidence usually taken? Will the IBA Rules on the Taking of Evidence in International Arbitration generally be taken into account?

Indonesia

In Indonesia, the evidence that is admissible for a civil case (including any dispute brought to arbitration) includes written documents, the testimony of witnesses, assumptions, confessions and oaths. In addition, the opinions of experts are also recognised in arbitration. The disputing parties usually submit their written evidence when they submit their written submissions to the arbitrator. They submit the written testimony of their witnesses and experts, before the commencement of the cross-examination of their witnesses and experts.

Neither the IBA Rules nor the Prague Rules are usually taken into account in arbitration proceedings in Indonesia. However, it depends on the rules and procedures that the disputing parties have agreed to. If they have agreed that the IBA Rules or Prague Rules will apply, then the provisions of those rules apply.

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30. Will the courts in your jurisdiction play any role in the obtaining of evidence?

Indonesia

No, the Indonesian courts do not play any role in obtaining evidence for the purposes of arbitration proceedings.

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31. What is the relevant law and prevailing practice relating to document production in international arbitration in your jurisdiction?

Indonesia

The concept of document production is not recognised or adopted in Indonesia. However, the arbitrator or arbitral tribunal can apply it if it is allowed under the chosen arbitration rules and procedures.

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32. Is it mandatory to have a final hearing on the merits?

Indonesia

No, it is not mandatory. In Indonesia, in practice, the arbitrator and arbitral tribunal will only ask the disputing parties to submit their respective written conclusion (without any further rebuttal from the other party, vice versa) over the case and proceedings as the final hearings on the merits.

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33. If your jurisdiction is selected as the seat of arbitration, may hearings and procedural meetings be conducted elsewhere?

Indonesia

Yes, the hearings and procedural meetings can be conducted anywhere using any method as long as the disputing parties have agreed to it.

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Award

34. Can the tribunal decide by majority?

Indonesia

The Arbitration Law is silent on this matter. It only requires the arbitrator or arbitral tribunal to render an award based on the prevailing laws or justice and fairness.

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35. Are there any particular types of remedies or relief that an arbitral tribunal may not grant?

Indonesia

As a general rule in Indonesia, an arbitrator or arbitrator cannot render an award that goes beyond or is outside the claims filed by the disputing parties, especially if the parties have not agreed to apply the principle of fairness and justice. If they have, the arbitrator or arbitral tribunal must render an award that is within the extent of the claims filed by the parties.

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36. Are dissenting opinions permitted under the law of your jurisdiction? If so, are they common in practice?

Indonesia

Yes. The Arbitration Law requires an award to include the opinion of each of the arbitrators if any of them has a dissenting opinion.

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37. What, if any, are the legal and formal requirements for a valid and enforceable award?

Indonesia

If the seat of arbitration is Indonesia, the award must include the following:

  • a heading containing the words For the Sake of Justice Based on Belief in Almighty God’;
  • the full names and addresses of the disputing parties;
  • a brief description of the matter in dispute;
  • the respective positions of the parties;
  • the full names and addresses of the arbitrators;
  • the considerations and conclusions of the arbitrator or panel of arbitrators concerning the dispute as a whole;
  • the opinion of each arbitrator, if there is any difference of opinion among the members of the panel of arbitrators;
  • the order of the award;
  • the place and date of the award; and
  • the signatures of the arbitrator or panel of arbitrators.

In principle, the above requirements apply to domestic arbitration awards. The Arbitration Law is silent on the formal requirements for international arbitration awards. Therefore, the content of an international arbitration award depends on the arbitration rules and procedures as well as the law of the seat of arbitration chosen by the parties.

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38. What time limits, if any, should parties be aware of in respect of an award? In particular, do any time limits govern the interpretation and correction of an award?

Indonesia

In Indonesia, an award must be issued within 30 days of the closing of the examination of the dispute. Either party can submit a request to the arbitrator or arbitral tribunal to administratively rectify the award within 14 days of receipt of the award. The Arbitration Law does not impose a time limit for the interpretation of an award.

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Costs and interest

39. Are parties able to recover fees paid and costs incurred? Does the "loser pays" rule generally apply in your jurisdiction?

Indonesia

The Indonesian legal system does not recognise the “loser pays winner’s legal fees” principle because under the Indonesian Civil Procedural Law and Supreme Court precedents, disputing parties do not have to be represented by attorneys or lawyers before the court or arbitrator/panel of arbitrators. In practice, the arbitrator or arbitral tribunal usually divides the arbitration fee equally between the disputing parties.

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40. Can interest be included on the principal claim and costs? Is there any mandatory or customary rate?

Indonesia

Yes, interest on the principal claim can be included in the award. The current customary rate in Indonesia is 6 per cent per annum.

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Challenging awards

41. Are there any grounds on which an award may be appealed before the courts of your jurisdiction?

Indonesia

Under the Arbitration Law, the annulment of an arbitration award can be applied for on the following grounds:

  • letters or documents submitted in the hearings are acknowledged to be false or forged or are declared to be forgeries after the award is rendered;
  • after the award is rendered, documents are founded that are decisive in nature and which were deliberately concealed by the opposing party; or
  • the award was rendered as a result of a fraud committed by one of the parties to the dispute.

In recent years, the Indonesian courts (including the Supreme Court) have shared the view that the above grounds for annulment are limiting and only apply to domestic arbitration awards.

However, the Arbitration Law is silent on any challenge or grounds for appeal, the annulment or setting-aside of an international arbitration award. It only covers the enforcement procedures.

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42. Are there any other bases on which an award may be challenged, and if so what?

Indonesia

Nothing in particular. Please see our responses in No. 40 above.

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43. Is it open to the parties to exclude by agreement any right of appeal or other recourse that the law of your jurisdiction may provide?

Indonesia

In practice, the parties usually include in their agreement a clause under which neither party will file an appeal or resort to any other recourse against the arbitration award that the arbitrator or arbitral tribunal will render. However, in Indonesia, and especially related to domestic arbitration, the right to challenge (or ask for the annulment of) an arbitration award is granted under the Arbitration Law and it cannot be waived by the parties under their agreement because it is a civil right (that cannot be waived).

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Enforcement in your jurisdiction

44. Will an award that has been set aside by the courts in the seat of arbitration be enforced in your jurisdiction?

Indonesia

If the courts in the seat of arbitration have set aside the award, the winning party should not be able to enforce the award in Indonesia. To ensure this, the party successful in having the award set aside should immediately inform the Indonesian courts of the ruling setting aside the award so that the Indonesian courts will take the update into account when they consider whether to issue a writ of execution or proceed with the enforcement procedures.

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45. What trends, if any, are suggested by recent enforcement decisions? What is the prevailing approach of the courts in this regard?

Indonesia

Nowadays, the Central Jakarta District Court is likely to honour an international arbitration award issued by any arbitration body or an ad-hoc arbitration award as it accepts the registration of such awards and will subsequently issue a writ of execution. However, the procedure for the enforcement of an international arbitration award remains time and cost consuming as there is no specific timeline for its enforcement.

As for the enforcement of a domestic arbitration award, it will depend on the district court having jurisdiction over the respondent’s domicile. Nevertheless, the recent trend remains the same where the losing party usually files a request for annulment with the district court to prolong or to obstruct the enforcement proceedings.

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46. To what extent might a state or state entity successfully raise a defence of state or sovereign immunity at the enforcement stage?

Indonesia

At the enforcement stage, a state immunity defence should be successful if the enforcement of the award is related to a state asset because, under Indonesian law, the seizure/attachment and sale of a state asset is prohibited.

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Further considerations

47. To what extent are arbitral proceedings in your jurisdiction confidential?

Indonesia

In Indonesia, arbitration proceedings (especially proceedings administered by the BANI Arbitration Centre) are kept confidential and the details are not published, including the identities of the disputing parties, the documents that the parties submitted during the proceedings and the arbitration award. The award is only submitted to the relevant district court as required by the Arbitration Law.

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48. What is the position relating to evidence produced and pleadings filed in the arbitration? Are these confidential? Is there any way that they might be relied on in other proceedings (whether arbitral or court proceedings)?

Indonesia

Yes, the evidence produced, and pleadings filed in arbitration are deemed confidential, and therefore, they cannot be used or disclosed in other proceedings or any publications. If a request for the annulment of a domestic arbitration award is submitted, the public will only know about it if a party initiates annulment proceedings in the relevant district court.

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49. What ethical codes and other professional standards, if any, apply to counsel and arbitrators conducting proceedings in your jurisdiction?

Indonesia

In general, arbitrators must act impartially and not be biased or have a family, financial or employment relationship with one of the disputing parties or its representative. For a more specific code of ethics, the relevant arbitration body has issued guidelines.

The Indonesian Advocates Law and the Advocates’ Code of Ethics apply to counsel (qualified as an Indonesian attorney). For example, counsel must show respect for the opposing counsel and the arbitrator or arbitral tribunal.

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50. Are there any particular procedural expectations or assumptions of which counsel or arbitrators participating in an international arbitration with its seat in your jurisdiction should be aware?

Indonesia

In addition to the requirements under the Immigration Law and regulations, for arbitration proceedings in the BANI Arbitration Centre, it is mandatory for foreign citizen counsel to be accompanied by Indonesian counsel.  

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51. Is third-party funding permitted in your jurisdiction? If so, are there any rules governing its use?

Indonesia

The Arbitration Law is silent on this matter. In addition, the concept of third-party funding for arbitration proceedings in Indonesia is still a new concept and has not been seen yet in practice.

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