- 21/01/2022
- Legal Update
Indonesia | Grounds for the Annulment of Domestic Arbitration Awards in Indonesia
Under the Arbitration Law (Law No. 30 of 1999), a domestic arbitration award that has been registered by the arbitrator(s) or its proxy with the court can be annulled. The annulment request must be made in writing and submitted to the relevant district court within 30
days of the submission and registration date of the award in the registrar’s office of the relevant
district court.
Under Article 70 of the Arbitration Law, the following are the limited reasons underlying the request for the annulment:
a. After the award has been rendered, the letters or documents submitted for the examination
are admitted or declared as false/forged.
b. After the award has been rendered, important decisive documents, which were previously
concealed by the opponent, are revealed.
c. The award is rendered on the basis of a fraud committed by either of the disputing parties.
Before the Constitutional Court issued Ruling No. 15/PUU-XII/2014 on 11 November 2014
(“2014 Constitutional Court Ruling”) and in accordance with the elucidation of Article 70 of
the Arbitration Law, the above reasons for the request for annulment must be proven by a
court decision. However, following the issuance of the 2014 Constitutional Court Ruling, the
existence of a court decision proving the reasons for the request for annulment was no longer required. As a consequence, any party who disagrees with the arbitration award can try to file
the request for annulment with the relevant district court.
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