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Capabilities

Litigation & Arbitration

The reluctance of foreign investor to invest in Indonesia is not merely caused by the overlapping regulations. It is more the inconsistency in implementing the regulations which very much depends on discretion by public officials and in many cases not without influence from others, even from outside the decision-making system. There have been precedents where uncertainty in land procurement and plantation were caused by collusive and corruptive permits procedures. The absence of precedent doctrine in our legal system has caused major inconsistency in court decisions. This fact alone does not help the country’s face to uphold reliable law enforcement as many cases show such decisions involved corruption practices. 

 

With that in mind, our litigation lawyers face mounting challenge in providing strict by the law practices. We cannot blame businesses which have “result oriented” approach in their mind. This approach, however, is not necessarily compatible with our and some clients’ values. We always believe that even in every litigation process there is still opportunity to obtain good result without sacrificing our and clients’ values. It is a steep hill to climb, however, our litigation practices have shown over the years that in many cases where they can still obtain good results as they prepare all the documents with utmost diligent and provide a strategic approach in their representation.

 

Our lawyers have been representing many foreign, joint venture and local companies, including state owned companies, in various litigation proceedings, such as civil proceedings, employment, intellectual property, administrative, tax, and criminal, and the rate of “winning” is encouraging.

 

We represent leading corporations, creditors, and investors in high profile disputes in domestic and international arbitrations. The uncertainties in domestic court proceedings and decisions have caused many businesses to choose arbitration for their settlement of disputes mechanism. The problems do not stop with such choice, as enforcement of arbitration is not a straightforward proceeding. Although it has been encouraging throughout the years, we still face challenge in enforcement of foreign arbitration award here in Indonesia.

 

Our litigation and arbitration lawyers possess expertise in various industries and specialized sectors including construction, natural resources & energy, power, pharmaceuticals, technology, plantation, insurance, investment, private equity, banking and financial services, infrastructure, food and beverages, media, government business, telecommunications, transportation, construction, retail, and manufacturing.

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