Indonesia - Baker & McKenzie International Arbitration Yearbook: 2010-2011

Timur Sukirno is a Partner in Baker & McKenzie’s Jakarta office and has extensive experience in debt restructuring, bankruptcy, finance and projects, as well as commercial disputes and arbitration. He is a founding member and first Chairman of the Indonesian Receivers and Administrators Association, and is a member of the Higher Education of Law Committee at the Department of Education and the sub-committee on the Development of Law in the Framework of Economic Recovery.

Reno Hirdarisvita is an Associate in Baker & McKenzie’s Jakarta office and a member of the Firm’s Global Dispute Resolution Practice Group.

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Originally from Baker & McKenzie International Arbitration Yearbook 2010-2011

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A. LEGISLATION, TRENDS AND TENDENCIES

Arbitration in Indonesia is still governed by Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution (“Arbitration Law”), which was an improvement on the long-standing legislation inherited from the Dutch colonial era. Although this law is intended to encompass all issues related to arbitration, the law continues to face challenges in its implementation.

One such challenge is the annulment of arbitral awards. Article 70 of the Arbitration Law provides the grounds for requesting an annulment of arbitral awards, as follows:

Parties can file a request for an annulment of an arbitral award if the award is suspected to contain the following elements:

(a) after the award is rendered, the letters or documents submitted during the hearings are admitted to be false or declared as false;

(b) after the award is rendered it is discovered that a decisive document was concealed by the opponent; or

Table of Contents:

A. Legislation, Trends and Tendencies B. Cases C. Insolvency Issues in Arbitration C.1 Bankruptcy in Indonesia C.2 The Interaction between Bankruptcy and Arbitration