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Indonesia - Baker & McKenzie International Arbitration Yearbook: 2011-2012

Author(s): 
Timur Sukirno
Reno Hirdarisvita
Andi Yusuf Kadir
Page Count: 
10 pages
Media Description: 
PDF from "The Baker & McKenzie International Arbitration Yearbook: 2011-2012"
Published: 
March, 2012
Jurisdictions: 
Indonesia
Practice Areas: 
Banking and Finance Disputes,
Arbitral Awards,
Delivery to the Parties,
Practice & Procedure
Author Detail: 

 

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 of the Indonesian government.

Andi Yusuf Kadir is a Senior Associate in Baker & McKenzie’s Jakarta office and a member of the Firm’s Global Dispute Resolution Practice Group.

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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Description: 

Originally from Baker & McKenzie International Arbitration Yearbook: 2011-2012

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INDONESIA
Timur Sukirno, Andi Yusuf Kadir and Reno Hirdarisvita

A. LEGISLATION, TRENDS AND TENDENCIES

Arbitration in Indonesia is governed by Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution (“Arbitration Law”). Also, through Presidential Decree No. 34 of 1981, Indonesia has ratified the New York Convention.

Key features of the Arbitration Law include:

• The courts have no jurisdiction to hear disputes between parties bound by an arbitration agreement.
• Arbitration hearings must be completed within 180 days from the constitution of the arbitral tribunal unless otherwise agreed by both parties, or unless an extension is necessary for the arbitral tribunal to make a provisional award.
• The parties can seek a provisional award (such as an award to attach assets).

Table of Contents: 

INDONESIA
Timur Sukirno, Andi Yusuf Kadir and Reno Hirdarisvita
 

A. Legislation, Trends and Tendencies
B. Cases
B.1 Common Tactics to Defeat Arbitration Clauses
B.2 Indonesian Courts' Jurisdiction to Annul Foreign Arbitral Awards
C. Public Policy in International Arbitration