In Indonesia, parties may challenge an arbitral award in very limited and specific circumstances, as arbitral awards are generally considered final and binding. However, parties are given the opportunity to file a request to annul a domestic arbitration award if there are grounds to suspect that the award involves any of the following elements.
- A letter or document submitted during the examination, later acknowledged or declared false after the award has been rendered.
- The discovery of a decisive document, hidden by the opposing party, that only surfaces after the award has been issued.
- The obtaining of an award through deception or fraudulent conduct by one of the parties during the examination of the dispute.
The above is not applicable to a foreign arbitration award. However, foreign award enforcement may be refused based on Article 66 of the Arbitration Law if the award:
- was issued in a country that lacks a bilateral or multilateral recognition and enforcement treaty with Indonesia;
- falls outside the scope of commercial law under Indonesian law; or
- contravenes Indonesia's public policy.
Excerpted from the Litigation 2025 Chambers Global Practice Guide, published by Chambers and Partners.
Find Litigation: Indonesia here.
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