Search for:
Category

Indonesia

Category
In Asia-Pacific

Baker McKenzie International Arbitration Yearbook 2021-2022 – Indonesia

by and 10 Mins Read

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…

Read More
In Asia-Pacific

Protection of foreign investments in Indonesia

by , , and 6 Mins Read

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…

Read More
In Asia-Pacific

Indonesia: The End of Bilateral Investment Treaties?

by 5 Mins Read

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…

Read More
In Arbitration Procedure

Indonesia: The risks of enforcing foreign awards

by 10 Mins Read

According to SIAC’s 2012 annual report, more than 10 per cent of the 235 new cases filed with the institution in that year involved Indonesian parties. When disputes involve Indonesian parties as respondents, the awards are most likely to be enforced in Indonesia as the assets would naturally be located there. It is only if an award can be satisfactorily enforced that the award would have economic value. This article will provide an overview of…

Read More