We understand that business disputes are unavoidable, and navigating complex business disputes may be difficult and time-consuming, that is where our arbitration lawyers come in. We assist and represent companies like yours in resolving commercial disputes efficiently through every step of arbitration process.
Among the most common ways we provide the following services to our clients:
- Arbitration Advisory
We provide strategic advice tailored to your needs, ensuring a favorable outcome through a thorough understanding of arbitration nuances. - Drafting and Reviewing Arbitration Agreement
We assist in drafting and reviewing arbitration clauses and agreement that are tailored to protect your interests and ensure enforceability. - Representation in Arbitration Proceedings
Our expertise extends to both domestic and international arbitration forums, including the Indonesian National Board of Arbitration (BANI). From filing process to final award, advocating strongly for your position. - Enforcement of Arbitration Awards
We assist in recognizing and enforcing both domestic and international arbitration awards in Indonesia, including post-awards legal issues to secure your interests.
How Arbitration Works in Indonesia:
Arbitration in Indonesia is governed primarily by Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. Here’s an overview of the key procedural mechanisms:
- Initiating Arbitration
- Agreement to Arbitrate
An arbitration proceeding begins with an agreement between parties, either through an arbitration clause in a contract or a separate arbitration agreement. - Notice of Arbitration
The claimant initiates the process by submitting a notice of arbitration, which includes a statement of the dispute, the relief sought, etc.,
- Arbitration Process
- Filing the Required Arbitration Document and Appointment of Arbitrators
The claimant submits the required arbitration document and the estimated arbitration fee, and the parties appoint one or more arbitrators as agreed upon. If there is no agreement, the appointing authority, such as BANI, may appoint the arbitrators. - Preliminary Hearing & Exchange of Pleadings
Setting the timelines, discuss procedural matters, and ensure both parties are prepared for the arbitration proceedings. The claimant submits a statement of claim document and the respondent provides statement of defense and/or or counter-claim document. - Hearings Process and Evidentiary Hearing
The arbitrators may ask questions and clarify the issues, the parties argue and defense their position and present evidences including documents and witness testimony. - Arbitration Award
The arbitrators deliberate and render an award, which includes legal consideration and decision. The award is final and binding on the parties involved.
- Post-Arbitration
- Challenging the Arbitration Award (Cancellation)
The parties’ grounds for challenging or cancelling an Arbitration Award include legal procedural matters. - Enforcement of the Arbitration Award
The winning party can seek enforcement through the Indonesian court.
