Answer ... (a) Procedure, including evidence?
Under Article 46(3) of Law 30/1999, the arbitrators may request the parties to submit additional briefs, documents and evidence that they deem necessary within a timeframe stipulated by the arbitrators.
(b) Interim relief?
Under Article 32 of Law 30/1999, the arbitrators may grant interim relief at the request of one of the parties. Such interim relief may include orders on how the examination of the case will proceed, including ordering a security attachment, the deposit of goods to third parties or the sale of perishable goods.
(c) Parties which do not comply with its orders?
Once an order or award is registered with the district court, the winning party can apply for the court’s assistance with enforcement if the losing party fails to comply with such order or award.
(d) Issuing partial final awards?
Law 30/1999 does not regulate the issuance of partial final awards.
(e) The remedies it can grant in a final award?
Under Article 56 of Law 30/1999, the arbitrators must render their award based on the relevant provisions of law or based on justice and fairness (ex aequo et bono). As a basic principle, the parties can agree on whether the arbitrators may render the award ex aequo et bono.
If the arbitrators are empowered to render their award ex aequo et bono, then the provisions of law may be ruled out, unless they are mandatory provisions whose application cannot be ruled out by the arbitrators(s). Otherwise, the arbitrators must render their award based on the material rules of law. In conclusion, unless the arbitrators have the freedom to render their award ex aequo et bono, their award is limited to the relief requested in the prayer for relief.
In principle, there are three types of verdicts in Indonesia:
- declaratoir vonnis, in which the arbitrators declare their position on the disputed issues;
- constitutief vonnis, in which the arbitrators negate or affirm the state of law; and
- condemnatoir vonnis, in which the arbitrators issue an order against the defaulting party, which may range from specific performance to compensation for the non-defaulting party.
One arbitral award may contain a combination of all three types of verdicts.
(f) Interest?
The arbitrators can grant interest in the award only if this has been specifically requested by the parties.