INDONESIA Law and Practice Contributed by: Emir Nurmansyah, Ulyarta Naibaho, Adithya Lesmana and Adrian Panata, ABNR Counsellors at Law
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. 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; 11. Review of an Award 11.1 Grounds for Appeal
• 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 - trict court where the losing party resides. The court must issue its decision within 30 days. If the request for annulment is granted, it must specify the conse - The Arbitration Law does not provide any other grounds for annulment. An annulment of an arbitral award is, for instance, not possible on the following grounds, all of which are recognised grounds in sev - eral other jurisdictions: • the arbitral tribunal having exceeded the mandate established by the arbitration agreement; • the arbitral tribunal having been improperly com - posed; • the arbitrators having lacked the proper expertise; • the award including matters that were not request - ed; or quences of the annulment. No Grounds for Annulment • the award being in excess of what was claimed. Foreign arbitral awards are not subject to annulment. In practice, losing parties have sought to challenge a request for enforcement in Indonesia before the Cen - tral Jakarta District Court (CJDC). The grounds used
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