Jurisdiction & Possible Issues

From the discussion point raised regarding Jurisdiction, it's worth noting the following case and articles:

Tribunal Determines Chevron’s Ecuador Arbitration May Proceed The case overall, has similarities between Churchill's in terms of attempting to rectify the matter through the Respondents (Country's) Legal System.

What people need to read around jurisdiction as well is important, not only through previous commentary but also here: INTERNATIONAL INVESTMENT LAW AND ARBITRATION citing significant cases. It's noted Indonesia has a 'history.'

More recently there was an article by Kent Phillips a Partner at  Berwin Leighton Paisner INTERNATIONAL ARBITRATION - Churchill/Planet arbitration claims against Indonesia which covers the issues of Jurisdiction and more importantly some of the successes and failures, albeit he does not cover which cases failed to prove jurisdictional entitlement; these will be look at these at some point. It's still important to have an understanding.

Australian Indonesian BIT Agreement which covers the protection that should  have been afforded Churchill Mining. Remember they're bringing it under the Australian International Arbitration Agreement.

All of which assist in understanding the issues/including some case law in the commentary of Investment Law & Arbitration.