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Treaty between Indonesia and Netherlands – Indonesian Supreme Court Decision on treaty shopping

28 April 2007

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Treaty Development

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Indonesia-Netherlands

The Supreme Court gave its decision on 21 June 2006 (reported in November 2006) in the case of PT. Indah Kiat Pulp & Paper Tbk v. U.S. Bank National Association et. al. Details of the decision are summarized below. (a) Facts. Indah Kiat International Finance (Indah Kiat BV) is a company established in the Netherlands and is a wholly owned subsidiary of PT. Indah Kiat Pulp & Paper Tbk (IKPP). In 1994, Indah Kiat BV issued bonds of approximately USD 500 million, guaranteed by IKPP, to bondholders in other countries. The proceeds from the issuance of the bonds were passed...