Indonesia

Indonesia

NO. Year of initiation Short case name Full case name Applicable IIA Arbitral rules Administering institution Summary Details of investment Outcome of original proceedings Respondent State Home State of investor Economic sector Economic subsector Arbitrators Amount claimed Amount awarded (or settled for) Breaches alleged Breaches found Decisions Individual opinions Follow-on proceeding type Follow-on proceeding status Follow-on decisions Follow-on individual opinions ICSID annulment committee members
1 2016 Oleovest v. Indonesia Oleovest Pte. Ltd. v. Republic of Indonesia (ICSID Case No. ARB/16/26) Indonesia - Singapore BIT (2005) ICSID ICSID Investment:

Summary:
Discontinued Indonesia Singapore Secondary: C - Manufacturing 10 - Manufacture of food products Alexandrov, S. A. - President

Smith, G. - Claimant

Stern, B. - Respondent
Data not available Data not available Data not available Not applicable - settled or discontinued before decision on liability Order taking note of the discontinuance of the proceedings pursuant to ICSID Arbitration Rule 44 dated 19 March 2018 Dissenting Opinion by Gordon Smith None None None None None
2 2015 IMFA v. Indonesia Indian Metals & Ferro Alloys Ltd v. Republic of Indonesia (PCA Case No. 2015-40) India - Indonesia BIT (1999) UNCITRAL PCA Investment: Investments in PT SRI, a local Indonesian company holding a coal mining concession.

Summary: Claims arising out of alleged overlaps between the claimants’ coal mining permits and those of other companies, resulting in conflicting rights to mine coal in the same territory.
Investments in PT SRI, a local Indonesian company holding a coal mining concession. Decided in favour of State Indonesia India Primary: B - Mining and quarrying 5 - Mining of coal and lignite Kaplan, N. - President

Spigelman, J. - Claimant

Sornarajah, M. - Respondent
7700000.00 mln USD (99.30 mln USD) Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

Arbitrary, unreasonable and/or discriminatory measures

Indirect expropriation

Transfer of funds
None - all claims dismissed at the merits stage Award dated 29 March 2019 None None None None None None
3 2014 Nusa Tenggara v. Indonesia Nusa Tenggara Partnership B.V. and PT Newmont Nusa Tenggara v. Republic of Indonesia (ICSID Case No. ARB/14/15) Indonesia - Netherlands BIT (1994) ICSID ICSID Investment: Operation of the Batu Hijau copper and gold mine under a Contract of Work approved by the President of Indonesia.

Summary: Claims arising out of the introduction of export restrictions on copper, including an export duty and a ban on the export of copper concentrate which allegedly stalled production at the Batu Hijau copper and gold mine operated by the claimants.
Operation of the Batu Hijau copper and gold mine under a Contract of Work approved by the President of Indonesia. Discontinued Indonesia Netherlands Primary: B - Mining and quarrying 7 - Mining of metal ores Tribunal not constituted Data not available Data not available Data not available Not applicable - settled or discontinued before decision on liability Order taking note of the discontinuance of the proceeding issued by the Secretary-General dated 29 August 2014, pursuant to ICSID Arbitration Rule 44 None None None None None None
4 2012 Churchill Mining and Planet Mining v. Indonesia Churchill Mining and Planet Mining Pty Ltd v. Republic of Indonesia (ICSID Case No. ARB/12/40 and 12/14) Indonesia - United Kingdom BIT (1976)

Australia - Indonesia BIT (1992)
ICSID ICSID Investment: Controlling interest in the mining East Kutai Coal Project; rights under related mining licenses.

Summary: Claims arising out of the unilateral revocation by the Government of mining licenses in which the claimants held interests.
Controlling interest in the mining East Kutai Coal Project; rights under related mining licenses. Decided in favour of State Indonesia United Kingdom

Australia
Primary: B - Mining and quarrying 5 - Mining of coal and lignite Kaufmann-Kohler, G. - President

van den Berg, A. J. - Claimant

Hwang, M. - Respondent
1315.00 mln USD Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Arbitrary, unreasonable and/or discriminatory measures

Indirect expropriation
None - jurisdiction declined Decision on Jurisdiction (Churchill Mining Plc) dated 24 February 2014

Decision on Jurisdiction (Planet Mining Pty Ltd) dated 24 February 2014

Award dated 6 December 2016
None ICSID annulment proceedings Award/decision upheld (ICSID annulment proceedings) Decision on Annulment dated 18 March 2019 (ICSID annulment proceedings) None Hascher, D. - President

Böckstiegel, K.-H. - Member

Kalicki, J. E. - Member
5 2011 Al Warraq v. Indonesia Hesham Talaat M. Al-Warraq v. The Republic of Indonesia OIC Investment Agreement (1981) UNCITRAL None Investment: Indirect ownership of capital in Bank Century through a wholly-owned company (FGAH First Gulf Asia Holdings) and through claimant's personal shareholding through another company (ABN Amro).

Summary: Claims arising out of the Government's bailout of a bank in which the claimant had allegedly invested, followed by criminal investigations and the subsequent prosecution of Mr. Al-Warraq for fraudulent activities in the Indonesian financial sector.
Indirect ownership of capital in Bank Century through a wholly-owned company (FGAH First Gulf Asia Holdings) and through claimant's personal shareholding through another company (ABN Amro). Decided in favour of neither party (liability found but no damages awarded) Indonesia Saudi Arabia Tertiary: K - Financial and insurance activities 64 - Financial service activities, except insurance and pension funding Cremades, B. M. - President

Hwang, M. - Claimant

Nariman, F. S. - Respondent
19.60 mln USD 0.00 mln USD Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims Award on Respondent's Preliminary Objections to Jurisdiction and Admissibility of the Claims dated 21 June 2012

Final Award dated 15 December 2014
None None None None None None
6 2011 Rafat v. Indonesia Rafat Ali Rizvi v. Republic of Indonesia (ICSID Case No. ARB/11/13) Indonesia - United Kingdom BIT (1976) ICSID ICSID Investment: Indirect shareholding in three Indonesian banks through the alleged co-ownership of a Bahamas corporation.

Summary: Claims arising out of the Government's bailout of Bank Century in which Mr. Rizvi allegedly held shares and the subsequent claimant's conviction by Indonesian courts for fraud and money laundering.
Indirect shareholding in three Indonesian banks through the alleged co-ownership of a Bahamas corporation. Decided in favour of State Indonesia United Kingdom Tertiary: K - Financial and insurance activities 64 - Financial service activities, except insurance and pension funding Griffith, G. - President

Donoghue, J. E. - Claimant

Sornarajah, M. - Respondent
75.00 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
None - jurisdiction declined Award on jurisdiction dated 16 July 2013

Decision on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5) dated 4 April 2012

Decision on the Respondent’s request to address the objections to jurisdiction as a preliminary question dated 22 June 2012
Separate Concurring Opinion of Prof. Muthucumaraswamy Sornarajah (Award) ICSID annulment proceedings Discontinued (ICSID annulment proceedings) Order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rules 53 and 44 issued dated 4 May 2015 (ICSID annulment proceedings) None Rigo Sureda, A. - President

Cheng, T. - Member

Knieper, R. - Member

Schreuer, C. H. - Member (replaced)
7 2004 Cemex v. Indonesia Cemex Asia Holdings Ltd v. Indonesia (ICSID Case No. ARB/04/3) ASEAN Investment Agreement (1987) ICSID ICSID Investment: Minority shareholding in a State-owned Indonesian cement firm.

Summary: Claims arising out of the non-execution of claimant's contractual option to buy a majority shareholding in the State-owned entity in which it had invested, due to alleged local opposition by workers and politicians to a foreign takeover of the company.
Minority shareholding in a State-owned Indonesian cement firm. Settled Indonesia Singapore Secondary: C - Manufacturing 23 - Manufacture of other non-metallic mineral products Fortier, L. Y. - President

von Mehren, R. - Claimant

Stern, B. - Respondent
400.00 mln USD 337.00 mln USD Data not available Not applicable - settled or discontinued before decision on liability Award embodying the parties' settlement agreement dated 23 February 2007, pursuant to Arbitration Rule 43(2) None None None None None None