Tony Budidjaja
Sahid Sudirman Center, 49th Floor
Jl. Jendral Sudirman, No. 86
Jakarta 10220
Indonesia
• Singapore Chamber of Maritime Arbitration (SCMA) Promotion Committee – Member (Since 2021)
• Air Power Centre of Indonesia (APCI) - Member (Since 2020)
• IBA Arbitration Committee - Indonesian Ambassador of the IBA Asia Pacific Arbitration Group (APAG) - Member (Since 2020)
• Himpunan Penerjemah Indonesia (HPI) - Member (Since 2020)
• Indonesia Business Council for Sustainable Development (IBCSD) - Mediator (Since 2020)
• Hong Kong International Arbitration Centre (HKIAC) - Arbitrator (Since 2019)
• International Fiscal Association (IFA) - Corporate Member (Since 2019)
• Asian Institute of Alternative Dispute Resolution (AIADR) - Fellow (Since 2018)
• Singapore International Commercial Court (SICC) - Foreign Representative (Since 2017)
• International Association of Defense Counsel (IADC) - Individual Member (Since 2017)
• Indonesian Commodities Arbitration Body (BAKTI) - Member (Since 2016)
• International Cotton Association (ICA), Indonesian country Focus Group Member (Since 2015)
• Indonesian Academy of Independent Mediators and Arbitrators (MedArbid) - Chairman (Since 2015)
• Asia - Pacific Forum for International Arbitration (AFFIA) - Country Representative for Indonesia (Since 2015)
• Singapore Chamber of Maritime Arbitration (SCMA) - Member
• Asian International Arbitration Centre (AIAC) - Mediator and Arbitrator (Since 2014)
• Chartered Institute of Arbitrators (CIArb), Indonesia Chapter - Executive Vice Chair (Since 2012)
• Indonesian Mediation Centre (BAMI) - Co- Chair of International Relations Division (Since 2010)
• International Chamber of Commerce (ICC) - Commission on Arbitration (Since 2007)
• Indonesian Institute for Conflict Transformation (IICT) - Mediator (Since 2004)
• International Chamber of Commerce (ICC) – Arbitrator (Since 2007)
• Asian International Arbitration Centre (AIAC) - Mediator and Arbitrator (Since 2014)
• Badan Arbitrase Nasional Indonesia (BANI) / BANI Arbitration Center – Arbitrator (Since 2016)
• Indonesian Commodities Arbitration Body (BAKTI) - Member (Since 2016)
• Hong Kong International Arbitration Centre (HKIAC) - Arbitrator (Since 2019)
• Chartered Institute of Arbitrators (CIArb) – Fellow (Since 2019)
• Representing the subsidiary of a well-known Indonesian mining company in defending an arbitration claim made by a Chinese, government-owned, company. The claim was made under Singapore International Arbitration Center (“SIAC”)’s rules at Singapore and the claim related to the sale of coal. Outcome: The claim was dismissed, and the counter claim (made by us) for damages of USD 2.5 millionwas granted;
• Acting as the co-counsel for the clients (as the investors/claimants) over a dispute arising out of repudiations, breach of project agreement and off take agreement As co-counsel, BIL is advising and representing the clients, as claimants, in filing the arbitration before the Singapore International Arbitration Center (“SIAC”) with damages/losses sustained by the clients due to repudiations by the respondents amount to approximately USD100 million. To date, the claimants have successfully procured an order in favour of the claimants where the Tribunal granted the claimants’ application;
• Advising and assisting a multinational mining holding company, in a dispute arising out of a Sale and Purchase of Shares Agreement. Both parties claim for a breach of contract and compensation of losses whereby the case is now being examined in the Singapore International Arbitration Centre (“SIAC”). The case turns to technical and procedural aspects of Indonesian law, as the governing law of the contract concerning the fulfillment of condition precedents, which essentially stipulates the rights and procedural requirements connected to the share transfer. BIL’s role to analyze the possible outcomes, the enforceability aspect of the upcoming Final Award and existing court’s decision and Ministry of Law and Human Rights’ decree, including the legal measures that can be undertaken by the parties;
• Providing an expert opinion to Singapore court regarding foreign court service of process in accordance with Indonesian civil procedural laws;
• Providing an expert opinion and acting as the expert witness before the London Court of International Arbitration (LCIA) for a prominent Indonesian gold mining company on certain Indonesian contract and company law issues related to claims by a West African-based mining company worth around USD 2 billion;
• Successfully representing the subsidiary of a well-known Indonesian state-owned mining company in arbitration proceedings before the Singapore International Arbitration Center (“SIAC”) on a coal shipment dispute worth around USD 2.5 million against a People’s Republic of China’s state owned company (buyer);
• Providing an expert opinion and acting as the expert witness before the Federal Court of Australia for a group of insurance companies led by a leading international insurance company on Indonesian law issues in relation to more than USD 50 million in insurance claims;
• Successfully representing and advising the Indonesia’s largest steel plate joint venture company owned by an Indonesian state-owned company and South Korea state-owned company before the Indonesia National Board of Arbitration (BANI) on its contractual dispute with a contractor worth more than IDR 70 billion related to the construction of its facilities in Indonesia;
• Successfully representing a multi-national oil and gas contractor service provider headquartered in the USA against a subsidiary of a well-known Indonesian oil and gas state-owned company in numerous litigation cases in arbitration and Indonesian courts relating to dispute arising out from the services agreement worth around USD 7 million;
• Acting as co-arbitrator in a tribunal in the International Chambers of Commerce (“ICC”) in relation to a contractual dispute brought by a multinational power generation company based in London (as Claimant) against a well known Indonesian electric power company (as Respondent) under 2017 ICC Rules.
Books:
“Public Policy as Grounds for Refusal of Recognition and Enforcement of Foreign Arbitral Awards in Indonesia” published by Tatanusa (2011)
Articles:
• “Force Majeure, Frustration and Hardship in International Contracts: A Practical Guide for the Asia-Pacific Region” published by Juris Publishing (2021)
• The Third Party Litigation Funding Law Review - 4th Edition: Indonesia Law Review (2021)
• “International Conventions and Treaties”, The Asia-Pacific Arbitration Review 2016, published by Global Arbitration Review (2016)
• “Enforcement of Arbitral Awards in Indonesia” and “Enforcement of Judgments in Indonesia”, Enforcement of Judgments and Arbitral Awards, published by Practical Law - Thomson Reuters (2015), together with Bernard Sihombing (2015)
• “Investment Funds in Indonesia”, published by Practical Law - Thomson Reuters (2015), together with Jono Yeo (2015)
• “The Asia-Pacific Arbitration Review” published by Global Arbitration Review (2014, 2015, and 2016)
“Corporate Governance and Directors’ Duties in Indonesia: Overview”, Corporate Governance and Directors’ (2016)
• Duties Global Guide 2015/16, published by Practical Law- Thomson Reuters (2015), together with Juni Dani (2013)
• “International Commercial Arbitration in Asia” published by Juris Publishing (2013)
• “Corporate Governance”, European Lawyer Reference Series, published by Thomson Reuters (2013), together with Juni Dani (2013)