INDONESIA Law and Practice Contributed by: Emir Nurmansyah, Ulyarta Naibaho, Adithya Lesmana and Adrian Panata, ABNR Counsellors at Law
Registration Registration of a foreign arbitral award is effected by the arbitral tribunal or its attorney at the CJDC. The application must be accompanied by the following documents: • the original or a certified true copy of the award and a sworn Indonesian translation; • the original or a certified true copy of the arbitra - tion clause or agreement and a sworn Indonesian translation; and • a confirmation from the Indonesian embassy in the country where the award was issued that said country is bound by the New York Convention or another international agreement on recognition and enforcement of arbitration, to ensure that the reciprocity requirement is fulfilled. All documents produced or signed outside Indonesia must first be apostilled or consularised by the Indo - nesian Embassy where they were produced or signed, by virtue of Articles 68 and 70 of the Regulation of the Ministry of Foreign Affairs No 09/A/KP/XII/2006/01 on General Guidelines on the Procedure for International Relations and Co-operation. A power of attorney from the arbitral tribunal is required if the award is registered by an attorney. The Arbitration Law assumes that arbitrators themselves register the award. Obviously, this will be difficult to achieve in practice because, as discussed in 4.2 Default Procedures , the function of the arbitrators ends after an award has been issued. For this reason, parties often request in their claim that the arbitrators grant a power of attorney at the time of issuance of the award, allowing an attorney to register the award. The power of attorney must be notarised and apostilled or consularised by the Indonesian Consulate or Embassy having jurisdiction over the place of signing by the arbitrators or arbitration institution (for an institutional arbitration). The examination in this phase is limited to whether it has fulfilled all administrative requirements. The CJDC will then issue a deed of registration once the documents are found to be complete. The Exequatur An exequatur application follows once the award is successfully registered. Unlike registration, which is
effected on behalf of the arbitral tribunal, the exequa - tur is requested by the party seeking to enforce the award. The examination will determine whether the award fulfils the reciprocity, commerciality and public policy requirements. The Arbitration Law does not provide a mechanism for how the respondent party may intervene in the enforcement request. The nature of the request is uni - lateral. Once an exequatur has been issued, the foreign arbi - tral award can be enforced in Indonesia. The decision to grant an exequatur cannot be appealed. However, if the application for an exequatur is rejected, that rejec - tion can be appealed before the Supreme Court. The appeal must be adjudicated within 90 days of the date of filing. Nevertheless, in recent case court practice, it appears that the decision to grant an exequatur can be over - turned; please see 3.3 National Courts’ Approach for further details. Attachment of Assets The execution phase may involve the assistance of the district court that has jurisdiction over the losing party or its assets. The CJDC is the authorised dis - trict court mandated to grant the attachment orders requested under a foreign arbitration award by the Arbitration Law. However, in the implementation of a foreign arbitral award, if the assets to be executed upon are located in a court jurisdiction other than the CJDC, the latter will delegate its authority to the local court jurisdiction where those assets are located (Arti - cle 69 of the Arbitration Law). If an attachment of assets is required for enforcement, a request for attachment must first be submitted to the court with jurisdiction over the location of the assets. For this purpose, the request for attachment must be specific with regard to the assets, their nature and location. The relevant court will later issue an aanmaning (warn - ing letter) to the defendant (the losing party) to ask for enforcement of the award. If the losing party still insists on not complying with the award, the court
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