INDONESIA Law and Practice Contributed by: Emir Nurmansyah, Ulyarta Naibaho, Adithya Lesmana and Adrian Panata, ABNR Counsellors at Law
10. The Award 10.1 Legal Requirements
• documents/written evidence; • witness statements; • presumptions/indications ( vermoedens ); • confessions or admissions; and • oaths.
Article 54 paragraph (1) of the Arbitration Law requires that an arbitral award must contain at least the fol - lowing: • the statement “ Berdasarkan Keadilan yang Ber- dasarkan Ketuhanan Yang Maha Esa ” (for the sake of justice based on the almighty God), written at the top of the award; • the full names and addresses of the parties; • a brief description of the dispute; • the positions of the respective parties; • the full names and addresses of the arbitrators; • the considerations and conclusions of the tribunal concerning the dispute; • the opinion of each of the respective arbitrators if there is a difference of opinion within the tribunal; • the dictum of the award; • the place and date of the award; and • 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
In order to ensure that the evidence is admissible, there are specific requirements for each type of evi - dence. The International Bar Association (IBA) Rules on the Taking of Evidence in International Arbitration are often referred to as guidance in cross-border arbi -
trations seated in Indonesia. 8.3 Powers of Compulsion
With the absolute competence of arbitration and pur - suant to the limitation on court involvement in arbi - tration, there are no powers of compulsion or court assistance for arbitrators to order the production of a document or require the attendance of witnesses. The arbitral tribunal should rely on the powers vested in it pursuant to the arbitration agreement, the Arbitra - tion Law and the institutional arbitration rules, where applicable.
9. Confidentiality 9.1 Extent of Confidentiality
The examination of a dispute by arbitrators takes place in a closed proceeding, and registration details, documents, submissions and hearings can only be disclosed to third parties with the consent of the dis - puting parties or if legally required by law. Indonesian law is silent on whether information in arbitration pro - ceedings may be disclosed in subsequent arbitration proceedings. The Arbitration Law does not expressly state that the award is confidential. Most of the rules adopted by arbitration institutions have their own provisions on confidentiality. The BANI Rules, for instance, specify that all matters relating to the arbitration must be kept in strict confidence between the parties, the arbitrators and BANI itself.
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