Only under limited conditions, such as reciprocity and public policy compliance.
In today’s hyperconnected global economy, cross-border commercial relationships are both an opportunity and a liability. When things go wrong—whether it’s a breach of contract, delayed payments, or fraud—disputes can arise across jurisdictions. Understanding cross-border commercial disputes becomes not just essential, but a legal survival skill for any company or investor.
These disputes involve complex questions: Which court has jurisdiction? Can a foreign judgment be enforced locally? How do treaties like the New York Convention or Hague Convention apply? And etc.
Cross-border disputes typically involve parties from different countries engaging in commercial transactions, often governed by diverse legal systems. When a dispute arises, conflicting laws and procedures complicate enforcement and resolution.
Each of these scenarios leads to complex enforcement dilemmas when the dispute spans two or more legal systems.
One of the biggest hurdles is determining which country’s court has the authority to hear a case.
Jurisdiction can be based on:
Courts generally prefer to avoid exercising jurisdiction over foreign parties unless justified under specific legal grounds.
Well-drafted contracts usually include:
Clear forum selection saves businesses from legal issues.
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To facilitate cross-border enforcement, several international treaties play a role.
Indonesia is a signatory to the 1958 New York Convention, which allows for the recognition and enforcement of foreign arbitral awards in member countries.
While Indonesia is not yet a party to the 2019 Hague Convention on Recognition and Enforcement of Foreign Judgments, the treaty marks a global movement toward harmonized enforcement practices.
Indonesia does not automatically enforce foreign court judgments.
To enforce a foreign arbitral award, the Indonesian court must issue an exequatur—a recognition of enforceability.
The Mahkamah Agung (Supreme Court) plays a gatekeeper role in recognizing foreign judgments or arbitral awards.
For foreign court judgments to be enforced in Indonesia, a reciprocity agreement must exist. This is rarely clear-cut, making enforcement inconsistent.
Even if reciprocity exists, the Indonesian courts may refuse enforcement if the judgment contradicts public order (ketertiban umum).
International arbitration is often favored over litigation for cross-border cases.
Arbitral awards from New York Convention member states can be enforced in Indonesia, pending the exequatur by the Central Jakarta District Court.
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A Singaporean company obtained a court judgment against an Indonesian distributor. When attempting enforcement in Indonesia, the court rejected it, citing:
Had the parties chosen arbitration under SIAC (Singapore International Arbitration Centre), enforcement would likely have been possible under the New York Convention.
Include clauses specifying:
Know your counterparty’s home jurisdiction and the enforceability challenges before signing any agreement.
At Kusuma & Partners, we’ve helped multinational clients navigate the turbulent waters of cross-border commercial disputes. We’ve advised on structuring arbitration-friendly contracts, conducted due diligence on enforceability of foreign judgments, and successfully obtained exequatur for international arbitral awards. In our experience, anticipating enforcement issues before they arise is the most effective strategy. Businesses need practical, pre-emptive legal advice—not courtroom firefighting after a dispute explodes.
Cross-border commercial disputes are inevitable in global business. But with the right legal foresight—clarity in contracts, smart use of arbitration, and understanding jurisdictional limitations—businesses can reduce risk and enforce their rights effectively. As Indonesia increasingly integrates with global commerce, strategic legal guidance is more critical than ever.
Need help navigating a cross-border commercial dispute or enforcing a foreign award in Indonesia? Kusuma & Partners Law Firm offers expert, responsive, and effective legal assistance. Contact us today to protect your cross-border interests.
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“DISCLAIMER: This content is intended for general informational purposes only and should not be treated as legal advice. For professional advice, please consult with us.”
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