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Indonesia: Court enforcement of interim arbitral awards and measures—uncertainties, classification of international awards, and practice under Arbitration Law No 30 of 1999

Published by a LexisNexis Arbitration expert

Practice notes

Note: the following cases are not reported by LexisNexis®. This Practice Note was prepared by Nico A Mooduto, Partner, SSEK Law Firm, Indonesia.

Introduction

Interim relief, encompassing tools like freezing orders or injunctions, plays a crucial role in any dispute because it seeks to avert irreparable loss and empty victories. In Indonesia, such remedies are equally significant and potentially valuable, yet they are infrequently pursued and applied. This is not due to an absence of doctrinal footing; indeed, a legal framework exists. Nevertheless, in real-world application their use remains scarce and, to some observers, opaque. Encouragingly, recent years have brought promising developments that should help shape the practice going forward. This practice note aims to offer insight into Indonesian legal thought and practice concerning interim arbitration awards and measures.

Indonesian legal framework for interim awards and measures–in courts

Interim steps have historically been recognised and practised by the courts. Indonesian courts provide a specific, narrow catalogue of provisional measures, concentrating chiefly on preserving property or holding the status quo, rather than granting injunctions in the common law mould. The most prevalent interim measure in commercial or civil suits is security attachment (sita...

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