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