INDONESIA Law and Practice Contributed by: Emir Nurmansyah, Theodoor Bakker, Ulyarta Naibaho and Adithya Lesmana, ABNR Counsellors at Law
• the signatures of the members of the tribunal (the failure of an arbitrator to sign an award because of illness or death, if noted in the award itself, will not affect the enforceability of the award, under Article 54 (2) of the Arbitration Law). The Arbitration Law does not expressly deal with the matter of a member of the arbitral tribunal issuing a dissenting opinion. In addition, the Arbitration Law provides that the award must specify the time within which the award must be implemented. The award must be delivered orally within 30 days of the arbitration being closed. A request for registration of a domestic award must be made within 30 days after the date of the award, on penalty of the award being unenforceable. There is no limit on the registration period for a foreign arbitral award – see 12.2 Enforcement Procedure . 10.2 Types of Remedies The arbitral tribunal’s final award is usually an order for the payment of a sum of money or an order to engage in or refrain from a certain conduct. However, Indone - sian law does not contain any statutory limitations on the type of remedies an arbitral tribunal can award. As such, arbitrators can: • render declaratory relief; • order a party to pay damages; • issue injunctions; and • award costs. The award may provide that interest is payable on the amount awarded, at a rate and for a duration deter- mined by the arbitral tribunal, which has broad dis - cretion. 10.3 Recovering Interest and Legal Costs Unless agreed otherwise by the parties in the arbi - tration clause, legal costs incurred by the parties are borne by the parties respectively but may be ordered to be totally or partially paid by the losing party. The costs of the arbitration are usually determined by the arbitral tribunal. Costs include: • the arbitrators’ fees;
• lodging and other expenses incurred by the arbitra - tors; • witness or expert witness expenses; and • administration, hearing and other costs payable to an arbitration institution, if any.
11. Review of an Award 11.1 Grounds for Appeal
An arbitral award is final and binding on the parties and cannot be appealed. The only available recourse is to file a request for annulment (setting aside) of the award. This avenue is only applicable to domestic awards. Grounds for Annulment The Arbitration Law allows parties to apply for an annulment – whole or partial – of an arbitral award on one or more of the following grounds: • letters or documents that were submitted in the hearings are acknowledged to be false or counter - feit, or are declared to be forgeries, after the award is rendered; • after the award is rendered, documents that are decisive in nature and were deliberately concealed by the opposing party are discovered; or • the award is rendered as a result of fraud commit - ted by a party. In the recent Supreme Court Decision No 470 B/Pdt. Sus-Arbt/2022 between PT Sumsel Energi Gemilang and PT PLN of 14 April 2022, the Supreme Court elaborated on the notion of the concealment of docu - ments. In summary, the documents in question must: • contain decisive information; • first be requested to be examined in the arbitra - tion proceeding but the holding party refused to produce them; and • be in the possession of the other party and cannot be accessed by the applicant. The grounds for annulment of an award under Arti - cle 70 of the Arbitration Law are more restrictive than those of the UNCITRAL Model Law. The request for annulment must be submitted to the chair of the dis -
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