This decision had actually authorized the South Jakarta District Court to examine the case, as the absolute competence proposed by Symrise is groundless and rejected, a release from PT. Megasurya Mas made available to Antara said on Monday.
A panel of judged chaired by Yonisman referred to Nindyo Pramono`s opinion, a business law professor from Gadjah Mada State University, saying that arbitration agreement cannot be executed without a written agreement between the two parties involved in the trade transactions through international arbitration institutions as specified in the purchase order which was not binding for legal basis for case settlement.
Arbitration agreement shall be officially made in written.
Yorisman said that Nindyo opinion also mentioned that settlement
PT. Megasurya Mas` lawyer Otto Hasibuan saying that the judge`s decision should be respected as an effort in law enforcement. It was not common that an agreement was based only on a paragraph stated in the purchase order.
Earlier, it was reported that PT Megasurya Mas filed a compensation claim with a value of about USD11.87 million against Symrise in a case on perfume production as the materials of soap at the state district court of South Jakarta.
Megasurya said Symrise Asia Pacific, Pte Ltd had actually broken a promise on account of a stop in the supply of perfume as the material of soap making, thus causing a loss to the litigant.
"In November 2009, there were a series of complaints from our customers in Dubai and Iran with the finding of fake soap for which its aroma and packaging are likely similar," General Manager of PT. Megasurya Mas Wibowo Suryadinata, said.
PT. Megasurya Mas which is located in East Java , is a producer of soap, butter and candles. Lervia soaps of this company have so far been exported to foreign countries including China.
In addition to Lervia, the company export other brands of soap such as Medicare, Harmony and Popular.
Wibowo also wondered the aroma of perfume of fake products which is really the same with the genuine one. " However there is an alleged falsification of the products to the police."
One thing to note was that the aroma of perfume of Lervia and other products have been so far supplied by Symrise, a perfume aroma company from Germany.
"In the ethic of aroma/perfume, a perfume supplier can only sell its product to only one company who has ordered the aroma concerned," Wibowo said. Because, the aroma of the perfume is so specific and has turned out to be the identity of the product.
Previously, Symrise said that the authority for this case is on arbitration court in Singapore instead of South Jakarta District court.
However, the judges has decided that South Jakarta District court has the jurisdiction to hear this case.(*)
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Editor: Jafar M Sidik
Copyright © ANTARA 2011
