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Ada Pertanyaan? Hubungi Kami
Fitri Novia Heriani, Robert Sidauruk
The Indonesian Government has requested the International Center for Settlement of Investment Disputes (ICSID) to discontinue the ongoing dispute settlement process between Churchill Mining Plc and Planet Mining Pty Ltd against it.
Represented by Amir Syamsuddin, Minister of Law and Human Rights, the Government claims that Churchill has failed to present adequate evidence as the claimant. Most recently, the ICSID refused the provisional measures requested by Churchill.
“Without there is no intention of intervening in the ICSID’s independency, it would be appropriate if the case can be concluded as soon as possible, so the Government can avoid unnecessary loss of time, energy, and costs,” said the Minister in Jakarta last Thursday.
Further, the Minister also indicated that the ICSID had delivered a Decision on Provisional Measures on 8 July 2014, rejecting certain provisional measures requested by Churchill.
In its request, Churchill asked the ICSID to order the Government to stop criminal proceedings of forgery charges against several executives in four companies of the Ridlatama Group, which transferred their shares to Churchill.
The Minister believes that the claimant has crossed the line by submitting such a request, as the criminal proceedings have nothing to do with the ongoing dispute at the ICSID. Furthermore, as the Minister said, the Indonesian National Police have not named any executives of Churchill Mining as accused.
With this decision, the Minister is optimistic that Indonesia has a strong case at the ICSID to request the ICSID tribunal to discontinue proceedings through an interlocutory decision.
“This is a reasonable request. We will put all our efforts, concentration and costs on the case as the claimant has yet to present any authentic evidence to support their claim,” explained the Minister.
Preparing New Bilateral Investment Treaty Scheme
Following the ICSID decision on provisional measures, the Minister said that the Government is currently drafting a new scheme for Bilateral Investment Treaties (BIT). This scheme will emphasize the authority of the Government to enforce national laws without intervention by any party. This new scheme will also provided guidance on amending existing BITs.
Ms. Meg Kinnear, Secretary General of the ICSID, said she appreciated the efforts of the Indonesian Government on the new BIT scheme. She also said that the United States and Canada have also initiated new BIT schemes, which provide broad authority for each country to regulate pubic matters. Ms. Kinnear further indicated her willingness for further coordination and to give input on the new BIT being prepared by the Indonesian Government.
(hot/kc)
The Indonesian Government has requested the International Center for Settlement of Investment Disputes (ICSID) to discontinue the ongoing dispute settlement process between Churchill Mining Plc and Planet Mining Pty Ltd against it.
Represented by Amir Syamsuddin, Minister of Law and Human Rights, the Government claims that Churchill has failed to present adequate evidence as the claimant. Most recently, the ICSID refused the provisional measures requested by Churchill.
“Without there is no intention of intervening in the ICSID’s independency, it would be appropriate if the case can be concluded as soon as possible, so the Government can avoid unnecessary loss of time, energy, and costs,” said the Minister in Jakarta last Thursday.
Further, the Minister also indicated that the ICSID had delivered a Decision on Provisional Measures on 8 July 2014, rejecting certain provisional measures requested by Churchill.
In its request, Churchill asked the ICSID to order the Government to stop criminal proceedings of forgery charges against several executives in four companies of the Ridlatama Group, which transferred their shares to Churchill.
The Minister believes that the claimant has crossed the line by submitting such a request, as the criminal proceedings have nothing to do with the ongoing dispute at the ICSID. Furthermore, as the Minister said, the Indonesian National Police have not named any executives of Churchill Mining as accused.
With this decision, the Minister is optimistic that Indonesia has a strong case at the ICSID to request the ICSID tribunal to discontinue proceedings through an interlocutory decision.
“This is a reasonable request. We will put all our efforts, concentration and costs on the case as the claimant has yet to present any authentic evidence to support their claim,” explained the Minister.
Preparing New Bilateral Investment Treaty Scheme
Following the ICSID decision on provisional measures, the Minister said that the Government is currently drafting a new scheme for Bilateral Investment Treaties (BIT). This scheme will emphasize the authority of the Government to enforce national laws without intervention by any party. This new scheme will also provided guidance on amending existing BITs.
Ms. Meg Kinnear, Secretary General of the ICSID, said she appreciated the efforts of the Indonesian Government on the new BIT scheme. She also said that the United States and Canada have also initiated new BIT schemes, which provide broad authority for each country to regulate pubic matters. Ms. Kinnear further indicated her willingness for further coordination and to give input on the new BIT being prepared by the Indonesian Government.
(hot/kc)
Fitri Novia Heriani, Robert Sidauruk
The Indonesian Government has requested the International Center for Settlement of Investment Disputes (ICSID) to discontinue the ongoing dispute settlement process between Churchill Mining Plc and Planet Mining Pty Ltd against it.
Represented by Amir Syamsuddin, Minister of Law and Human Rights, the Government claims that Churchill has failed to present adequate evidence as the claimant. Most recently, the ICSID refused the provisional measures requested by Churchill.
“Without there is no intention of intervening in the ICSID’s independency, it would be appropriate if the case can be concluded as soon as possible, so the Government can avoid unnecessary loss of time, energy, and costs,” said the Minister in Jakarta last Thursday.
Further, the Minister also indicated that the ICSID had delivered a Decision on Provisional Measures on 8 July 2014, rejecting certain provisional measures requested by Churchill.
In its request, Churchill asked the ICSID to order the Government to stop criminal proceedings of forgery charges against several executives in four companies of the Ridlatama Group, which transferred their shares to Churchill.
The Minister believes that the claimant has crossed the line by submitting such a request, as the criminal proceedings have nothing to do with the ongoing dispute at the ICSID. Furthermore, as the Minister said, the Indonesian National Police have not named any executives of Churchill Mining as accused.
With this decision, the Minister is optimistic that Indonesia has a strong case at the ICSID to request the ICSID tribunal to discontinue proceedings through an interlocutory decision.
“This is a reasonable request. We will put all our efforts, concentration and costs on the case as the claimant has yet to present any authentic evidence to support their claim,” explained the Minister.
Preparing New Bilateral Investment Treaty Scheme
Following the ICSID decision on provisional measures, the Minister said that the Government is currently drafting a new scheme for Bilateral Investment Treaties (BIT). This scheme will emphasize the authority of the Government to enforce national laws without intervention by any party. This new scheme will also provided guidance on amending existing BITs.
Ms. Meg Kinnear, Secretary General of the ICSID, said she appreciated the efforts of the Indonesian Government on the new BIT scheme. She also said that the United States and Canada have also initiated new BIT schemes, which provide broad authority for each country to regulate pubic matters. Ms. Kinnear further indicated her willingness for further coordination and to give input on the new BIT being prepared by the Indonesian Government.
(hot/kc)
The Indonesian Government has requested the International Center for Settlement of Investment Disputes (ICSID) to discontinue the ongoing dispute settlement process between Churchill Mining Plc and Planet Mining Pty Ltd against it.
Represented by Amir Syamsuddin, Minister of Law and Human Rights, the Government claims that Churchill has failed to present adequate evidence as the claimant. Most recently, the ICSID refused the provisional measures requested by Churchill.
“Without there is no intention of intervening in the ICSID’s independency, it would be appropriate if the case can be concluded as soon as possible, so the Government can avoid unnecessary loss of time, energy, and costs,” said the Minister in Jakarta last Thursday.
Further, the Minister also indicated that the ICSID had delivered a Decision on Provisional Measures on 8 July 2014, rejecting certain provisional measures requested by Churchill.
In its request, Churchill asked the ICSID to order the Government to stop criminal proceedings of forgery charges against several executives in four companies of the Ridlatama Group, which transferred their shares to Churchill.
The Minister believes that the claimant has crossed the line by submitting such a request, as the criminal proceedings have nothing to do with the ongoing dispute at the ICSID. Furthermore, as the Minister said, the Indonesian National Police have not named any executives of Churchill Mining as accused.
With this decision, the Minister is optimistic that Indonesia has a strong case at the ICSID to request the ICSID tribunal to discontinue proceedings through an interlocutory decision.
“This is a reasonable request. We will put all our efforts, concentration and costs on the case as the claimant has yet to present any authentic evidence to support their claim,” explained the Minister.
Preparing New Bilateral Investment Treaty Scheme
Following the ICSID decision on provisional measures, the Minister said that the Government is currently drafting a new scheme for Bilateral Investment Treaties (BIT). This scheme will emphasize the authority of the Government to enforce national laws without intervention by any party. This new scheme will also provided guidance on amending existing BITs.
Ms. Meg Kinnear, Secretary General of the ICSID, said she appreciated the efforts of the Indonesian Government on the new BIT scheme. She also said that the United States and Canada have also initiated new BIT schemes, which provide broad authority for each country to regulate pubic matters. Ms. Kinnear further indicated her willingness for further coordination and to give input on the new BIT being prepared by the Indonesian Government.
(hot/kc)