Arbitral Digest

Matter

Government of the Province of East Kalimantan v. PT Kaltim Prima Coal and others (ICSID Case No. ARB/07/3)

Case no.
ARB/07/3
Seat
United States
Applicable rules
ICSID Arbitration Rules · ICSID Institution Rules
  1. 4 December 2002Indonesia

    4 December 2002Indonesia

    Determination of the Samarinda District Court dated 4 December 2002

    Samarinda District Court

    Decision summary
    The court nullified the Framework Agreement, including on the grounds that its purpose was unlawful and contrary to good morality and public order.

    3 years, 3 months and 4 days later · 1190 days

  2. 8 March 2006Indonesia

    8 March 2006Indonesia

    Judgment of the Central Jakarta District Court dated 8 March 2006

    Central Jakarta District Court

    Decision summary
    The court dismissed the case for lack of jurisdiction under Article 23 of the KPC Contract and treated provincial or district authorities, including the Government of the Province of East Kalimantan, as included in the Contract's definition of Government.

    Supporting details

    2 participants
    Government of the Province of East Kalimantan
    Perusda Melati Bhakti Satya
    Central Jakarta District Court

    1 year, 9 months and 5 days later · 645 days

  3. 13 December 2007Indonesia

    13 December 2007Indonesia

    Decision of the Supreme Court of Indonesia dated 13 December 2007

    Supreme Court of Indonesia

    Decision summary
    The court dismissed the appeal for lack of jurisdiction, finding that the Government of the Republic of Indonesia had become a party to the KPC Contract and that disputes arising from it were to be resolved through arbitration or ICSID.

    2 years and 15 days later · 746 days

  4. 28 December 2009United States

    28 December 2009United States

    Award on Jurisdiction

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal denied the request to join the Regency of East Kutai, found that it lacked jurisdiction over the dispute, ordered the Claimant and Respondents to bear the costs, fees, and expenses of the Tribunal and Centre equally, and ordered each Party to bear its own legal fees and other costs.

    Supporting details

    4 authorities · 21 participants
    Government of the Province of East Kalimantan
    Representative
    P.D.D. Dermawan (For: Government of the Province of East Kalimantan)
    PT Kaltim Prima Coal
    Representative
    Michael Lennon, Jr. (For: PT Kaltim Prima Coal)
    Representative
    Ania Farren (For: PT Kaltim Prima Coal)
    Representative
    Sarah Nelson Smith (For: PT Kaltim Prima Coal)
    Rio Tinto plc
    Representative
    Matthew Weiniger (For: Rio Tinto plc)
    Representative
    May Tai (For: Rio Tinto plc)
    Representative
    Alexandra Long (For: Rio Tinto plc)
    BP p.l.c.
    Pacific Resource Investments Limited
    BP International Limited
    Sangatta Holdings Limited
    Kalimantan Coal Limited
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Michael Hwang
    Tribunal secretary
    Ucheora Onwuamaegbu
    Tribunal secretary
    Claudia Frutos-Peterson
    Other

    Authorities cited

    4
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      statute
    • Indonesian Law No. 5 of 1968 (Law No. 5 of 1968)
      statute
    • Indonesian Civil Code
      statute
    • Amco Indonesia Corporation and others v. Republic of Indonesia (ICSID Case No. ARB/81/1, Decision on Jurisdiction of 25 September 1983)
      case law

Matter record

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Government of the Province of East Kalimantan v. PT Kaltim Prima Coal and others (ICSID Case No. ARB/07/3) · Matter