A. LEGISLATION, TRENDS AND TENDENCIES
There have been no significant legislative changes in the
arbitration field in Indonesia in the past year.
B. CASES
There have been no significant decisions in relation to arbitration
in Indonesia in the past year.
C. REGULATION OF COUNSEL CONDUCT IN
INTERNATIONAL ARBITRATION
C.1 IBA Guidelines on Party Representation
There are no references to the Guidelines in the Indonesian
Arbitration Law, nor elsewhere in Indonesian law, although most
professional arbitrators are aware of the Guidelines and tend to
acknowledge them. In general, the parties can agree on their own
procedural rules to the extent they are not contrary to the
provisions of the Arbitration Law, or use the default rules of a
national tribunal such as the Indonesian National Board of
Arbitration procedural rules (“BANI procedural rules”) or of an
international arbitral tribunal. If the parties do not determine the
arbitration procedure to be used or use the rules of an arbitral
institution, then the default Arbitration Law procedure applies to
the dispute.