A. LEGISLATION AND RULES A.1 Legislation International arbitration continues to be governed by Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution (“Arbitration Law”). Save for a judicial review of article 1(9) of the Arbitration Law as described in Section B below, there has been no change to the Arbitration Law. Indonesia ratified the New York Convention through Presidential Decree No. 34 of 1981. A.2 Institutions, rules and infrastructure A.2.1 Arbitration institutions in…
A. LEGISLATION AND RULES A.1 Legislation International arbitration in Indonesia continues to be governed by Law No. 30…
A. LEGISLATION AND RULES A.1 Legislation International arbitration in Indonesia continues to be governed by Law No. 30…
A. LEGISLATION AND RULES A.1 Legislation International arbitration in Indonesia continues to be governed by Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution (“Arbitration Law”), to which no legislative amendment was made in 2021. Indonesia ratified the New York Convention through Presidential Decree No. 34 of 1981. A.2 Institutions, rules and infrastructure A.2.1 Arbitration institutions in Indonesia Subject to the nature of the dispute, parties that choose arbitration as a dispute settlement…
Background On 9 March 2021, the latest Singapore-Indonesia Bilateral Investment Treaty (the “BIT”) entered into force and updates…
INDONESIA Andi Yusuf Kadir, Zarina Marta Dahlia, and Nabila Farhani Oegroseno A. LEGISLATION AND RULES A.1 Legislation International…
Overview Should a foreign investor have its assets expropriated (whether directly, or through creeping expropriation or regulatory encroachment), the investor may have access to claims under any applicable investment treaties. While judicial protection for foreign investors exists in Indonesia, it has varying degrees of consistency and predictability. This has made international arbitration an obvious choice for many foreign investors. A map of those treaties to which Indonesia is a party can be seen HERE. Indonesia…
INDONESIA Andi Yusuf Kadir and Zarina Marta Dahlia A. LEGISLATION AND RULES A.1 Legislation International arbitration in Indonesia…
Get a quick comparison of commonly used arbitration rules in the ASEAN region in this Chart of Arbitral…
Foreign investors into Indonesia have taken note of the following brief paragraphs posted on the website of the Embassy of the Netherlands (see http://indonesia.nlembassy.org/news/2014/03/bilateral-investment-treaty%5B2%5D.html with our additional underline, below): “Indonesia has informed the Netherlands that it has decided to terminate the Bilateral Investment Treaty (official title: Agreement between the Government of the Republic Indonesia and the Government of the Kingdom of the Netherlands on Promotion and Protection of Investment) per July 1, 2015. From that…