Today’s Legal Enlightenment (Wednesday, March 16, 2022) – “INTERNATIONAL ARBITRATION AWARD “CLAIMED NULL AND VOID”
The case between Pertamina v. Karaha Bodas)
The Central Jakarta District Court is not authorized to examine the cancellation claim of the “International Arbitration Award”, because based on Article V point (1) letter “e” 1958 New York Convention, that binds Indonesia under Presidential Decree No. 34/1981 stated that court that has the authority to examine and adjudicate the cancellation claim of the said Award is the District Court where the Arbitration Award was made, in this case, it is the authority of the Swiss Supreme Court.
Supreme Court Decision No. 01/Banding/Wasit-Int/2002 dated March 8, 2004