On 20 November 2012, the Government of the Regency of East Kutai (“the 1.Applicant”) submitted to the Arbitral Tribunal a petition to participate as a party in the present arbitration (“the Petition” or “the Request for Joinder”). The Respondent expressed its support by agreeing to the Petition on 22 November 2012. The Claimant submitted its comments on 26 November 2012, asking the Tribunal to dismiss the Petition.
At the first session, which was held on 27 November 2012, the Tribunal asked the 2.Parties whether they wished to comment any further on the Petition. It is to be stressed that the first session was attended by representatives of both Parties, including Mr. Dermawan who has acted as the representative of the Regency of East Kutai and also holds a power of attorney to represent the Republic of Indonesia. Answering the Tribunal’s question, the Parties indicated that they had nothing to add in respect of the joinder. In Procedural Order No. 1 of 6 December 2012, the Tribunal noted that the question was thus left for the Tribunal to decide and that it would revert to the Parties with a decision on the Petition in due course. The present Order addresses the issues raised by the Petition.