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Winita Ekasari Kusnandar is an Indonesian lawyer.. [1] and entrepreneur.
Winita was born in Solo, Central Java, Indonesia [2]. Despite early ambitions of joining the Women's Army Corps [3], she studied law and graduated from Parahiyangan Catholic University in Bandung in 1975 and became a member of the Indonesian Bar Association (PERADI) in 1979. She later undertook a Master's of Business and Administration (MBA) degree from the University of Leicester in 2002 as well as a post-graduate degree in Competition Law at the Kings College, London in 2004 [4]
Winita began her legal career by interning at the law offices of Delma Yuzar [3]. She then briefly moved to the Notary offices of Kartini Muljadi [3] before joining the law offices of Adnan Buyung Nasution & Assosiates in 1977 [5]. In 1980, she opened her own practice as Kusnandar & Co. and became affiliated with New York-based law firm, Coudert Brothers, and Washington-based law firm, Morgan Lewis & Bockius.
In a landmark case, Winita, through her firm Kusnandar & Co., represented global sugar supplier, ED & F Man (Sugar) Ltd in a dispute against a local distributor at the Supreme Court of Indonesia [6]. For the first time in its history [2], the Supreme Court, led by Chief Justice of the Supreme Court Ali Said, enforced a foreign arbitration ruling in favor of ED & F Man (Sugar) Ltd under Supreme Court Execution Fiat Decision No1.Pen.Ex'r/Arb.Int/Pdt/1991 dated March 1 1991 [7]
However, the Supreme Court Execution was later annulled by the Supreme Court itself by Supreme Court Decision No. 1205 K/Pdt/1990, December 14 1991 on grounds that the executorial title was only for the foreign arbitration award whereby the implementation and enforcement must still be subject to Indonesian Procedural Law. As a result, Supreme Court Execution Fiat Decision No1.Pen.Ex'r/Arb.Int/Pdt/1991 dated March 1 1991 was never enforced even after the Indonesian government ratified the 1958 New York Convention through Presidential Decree No. 34/1981 [8] which implemented automatic execution and implementation of decisions of foreign arbitration institution in Indonesia.