Jul

07

Commercial Disputes in Indonesia: Finding an Alternative Dispute Resolution Body covering Mediation and Arbitration in Indonesia

A commercial dispute is a dispute that commonly arises from a commercial contract. This can be between companies, individuals, a mix of both or even between an investor and a state. Keeping in mind that court litigation might be lengthy and disclosed to the public, the contractual party might prefer to settle the dispute by way of Mediation and Arbitration. For agreements, including agreements related to commercial matters (e.g., sale and purchase agreement, construction agreements, lease agreements), the contractual parties often insert an arbitration clause if they prefer arbitration to settle any dispute arising from the agreement.

Indonesia’s only International organization related to arbitration is Bali International Arbitration and Mediation Center (“BIAMC”). BIAMC offers Ad Hoc Arbitration and Mediation services, making BIAMC a full-service solution for all dispute settlement needs. Moreover, the arbitrators and mediators with BIAMC are widely recognized for their extensive experience in Alternative Dispute Resolution, which makes BIAMC the most preferable Mediation and Arbitration body.

For commercial contracts, BIAMC offers a BIAMC Model Arbitration Clause to have any dispute determined by arbitration in accordance with the United Nations Commission on International Trade and Law (UNCITRAL) Arbitration Rules with BIAMC as the Appointing Authority. The BIAMC Model Arbitration Clause can be found at this link.

While most Arbitration institutions in Indonesia only offer Arbitration services, BIAMC is a complete Alternative Dispute Resolution body offering Mediation and Arbitration services administered by widely recognize arbitrators and mediators across the globe.

How Schinder can help
Our team of lawyers has extensive experience assisting dozens of companies draft all kinds of commercial contracts and we prefer to insert the BIAMC Model Arbitration Clause in the arbitration clause. Moreover, our team of lawyers has forged its reputation by representing our clients in Alternative Dispute Resolution cases, which result in the most preferable outcomes for our clients. Should you need any services related to the commercial contract and commercial dispute matters, please feel free to write to us at info@schinderlawfirm.com

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Dear valued Visitor,

Data is a valuable currency in this new world. In the midst of digital transformation, the Indonesian government has taken the final decision to pass the Pelindungan Data Pribadi (PDP) Bill by September 2022. The PDP Law applies to all businesses established in Indonesia and puts the consumer in control. The task of complying with this regulation falls upon businesses.

The PDP Law affects a variety of business operations, including how your sales team prospect and how marketing initiatives are managed. Businesses have had to reassess their business procedures, applications, and forms. Additionally, all businesses that work with personal data should designate a Data Protection Officer (DPO) or data controller to oversee PDP compliance.

In line with this spirit, it gives us great pleasure to announce and share with all our esteemed clients and business associates that Schinder Law Firm is prepared to assist your company to understand the impacts of the Personal Data Protection Law (PDPL) and take the required measures to comply with the law. Our Privacy, Data Protection, and Cybersecurity practice group is a pioneer in providing data privacy law services in Indonesia. Personal data protection services include but are not limited to:

  • Assessing the existing systems, processes, and controls, etc.
  • Providing provide gap assessment on the existing systems, processes, and controls, etc.
  • Developing and ensuring contracts and agreements comply with the PDP Law
  • Developing policies, best practices, and procedures
  • Advising on the security of personal data and managing data breaches
  • Acting as the Data Protection Officer (DPO) and advising upon the appointment, role, and responsibilities of a data protection officer
  • Advising on cross-border transfers of personal data
  • Carrying out data protection impact assessments and data protection audits
  • Recommending other necessary corrective actions in order to comply with the PDP Law
  • Training on the PDP Law tailored to clients’ businesses

We look forward to many more opportunities in the year ahead with your continued support and trust. For consultation, please send us a WhatsApp or Email.

Warmest regards,
Naz Schinder
Managing Partner

Keep Up with the New Law in Indonesia: Personal Data Protection

  • Assessing the existing systems, processes and controls, etc.
  • Providing provide gap assessment on the existing systems, processes and controls, etc.
  • Developing and ensuring contracts and agreements comply with the PDPL.
  • Developing policies, best practices and procedures.
  • Advising on security of personal data and managing data breaches.
  • Acting as the Data Protection Officer (DPO) and advising upon the appointment, role and responsibilities of a data protection officer.
  • Advising on cross-border transfers of personal data.
  • Carrying out data protection impact assessments and data protection audits.
  • Recommending other necessary corrective actions in order to comply with the PDPL.
  • Training on the PDPL tailored to clients’ businesses.
Privacy, Data Protection and Cyber Security
We help our clients to understand the impact of the Personal Data Protection Law (PDPL) on their companies and take the required measures to comply with the law.