Investment Dispute between Churchill Mining Plc and Republic of Indonesia

Running head: law
LAW

2
Law
Table of Contents
Introduction......................................................................................................................................3
Procedural Posture...........................................................................................................................3
Rule Choice.....................................................................................................................................4
Legally Significant Facts.................................................................................................................4
Black Letter Law.............................................................................................................................5
Disposition.......................................................................................................................................5
Reference list...................................................................................................................................7

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Law
Introduction
This paper is based on three nations Indonesia, the United Kingdom and Australia were the
United Kingdom and Australia is the investors in the Indonesian East Kutai Coal Project.
Indonesia was controlling the interest of the investors in this field when Churchill Mining Plc
and Planet Mining Pty Ltd. had interest in the mining industry of Indonesia and they wanted to
invest but this revocation of the licenses of the outside investors in mining made Churchill and
Planet file a request in regards to Arbitration of their investments. These to claimants filed a
request in International Centre for Settlement of Investment Disputes.
Procedural Posture
The procedural history in relation to the documentation of the authenticity stage the tribunal
recalls the procedural steps at the early stage of this particular arbitration. In accordance with the
Decision on Jurisdiction amongst Churchill Mining Plc and Republic of Indonesia a dispute was
found out and it was submitted to International Centre for Settlement of Investment Disputes
(ICSID) based on the agreement which took place between the government of United Kingdom
of Great Britain and Northern Ireland and the government of the Republic of Indonesia in regard
to the Protection and Promotion of the investments dated 27th April 1976 (Setiawati, 2017).
Again on 22nd May 2012, it was found out that Churchill had filed a Request for the Arbitration
with ICSID pursuant to Article 36 of the ICSID Convention and the UK- Indonesia BIT. The
request was in regard to the fact of the dispute that arose in between Churchill and Indonesia in
regard to Churchill's allegation against the investment in the Indonesian companies in the various
coal-mining industry.
On 26th November 2012, a request was filed by Planet Mining Pty Ltd. in regard to the
arbitration with the pursuant of ICSID (Article 36) of the ICSID convention and the Australia-
Indonesia BIT (Sinclair and Repousis, 2017). The Planet also had the same Allegation in regard
to the investment in the Indonesian coal-mining industries and had a great connection with the
Churchill case against Indonesia.