Indonesian Corporation P.T. Escomptobank v. N.V. Assurantie Maatschappij de Nederlanden van 1845

Abstract

Jurisdiction — Territorial limits of — Expropriation of alien property — Indonesia — Measures of control and confiscation without compensation of Indonesian subsidiaries of Netherlands corporation — Whether discriminatory against Netherlands nationals — Whether subsidiaries are Netherlands enterprises — Whether measures contrary to international law and Netherlands public policy — Debt of Indonesian bank to Indonesian subsidiaries of Netherlands corporation — Indonesian measures of control over subsidiaries — Assignment of debt in Netherlands by former directors to Netherlands parent company — Claim by parent company against Indonesian bank — Whether law governing assignment Indonesian or Netherlands law — Assignment made by persons incompetent under Indonesian law by reason of measures of control and confiscation — Assignment violating Indonesian foreign exchange control regulations — Whether valid — The law of the Netherlands.

Jurisdiction — Territorial — Exemptions from and restrictions upon — Foreign States — Jurisdiction of courts to judge legality of acts of foreign State in question in action between private parties — Acts violating international law — Public policy — The law of the Netherlands.

Recognition of acts of foreign States and Governments — Whether courts may judge legality of acts of foreign States performed jure imperii — Non-recognition of acts violating rules of international law protecting private interests — Measures of control and confiscation without compensation exclusively of Indonesian enterprises owned by Netherlands natural or legal persons — Whether violating international law — Whether violating Netherlands public policy — Assignment of debt governed by law of Indonesia — Whether Indonesian foreign exchange control legislation applicable — Validity of assignment — Public policy — The law of the Netherlands.