Enforcing Foreign Arbitral Awards in Indonesia: Procedural Milestones and Judicial Precedents
Practical guidelines on securing exequatur orders from the Central Jakarta District Court under Law No. 30 of 1999 and the 1958 New York Convention.
Indonesia's accession to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards provides international businesses with confidence when contracting with Indonesian counterparties.
However, obtaining an enforcement order (exequatur) from the Chief Judge of the Central Jakarta District Court requires meticulous adherence to Indonesian procedural formalities. The key barrier often invoked by non-prevailing parties is the doctrine of public policy (ketertiban umum).
Parties seeking enforcement should ensure:
- Timely registration of the certified arbitral award and the underlying arbitration agreement; - Legalization by the Indonesian diplomatic mission in the country where the award was rendered; - Comprehensive evidence demonstrating that the dispute is commercial in nature under Indonesian statutory law.