Sep

29

Preparing for a Commercial Dispute

Key things you should know before a commercial dispute.

Commencing or facing litigation or arbitration (“legal recourse”) can be a very stressful, time-consuming and expensive process for all involved. This article discusses some key ways to prepare before taking legal recourse.

  1. Do your due diligence
    A key consideration when deciding to initiate legal recourse is whether your counterparty has assets against which to enforce a successful judgment. If there are no accessible assets, then it is doubtful that legal recourse is worthwhile as it could be just winning the case on paper.

  2. Understand the contract
    It is important to understand the implications of the provisions. For example, understanding how you can terminate or exit the contract is critical. In practice, we have seen many companies (even large multinational corporations) terminate agreements with their counterparties, without fully understanding the termination clause and its implications. We strongly recommend that parties seek legal advice prior to terminating any agreement to mitigate the risks involved in any potential litigation or arbitration that may ensue as a result of wrongful termination. The dispute settlement forum, which might include the mandatory pre-litigation or pre-arbitration procedures, such as the negotiation period for the contracting party to settle the dispute amicably may be laid out in the contact.

    In some cases, the contract might state that in the event that any party conducts material breach of the contract, the defaulting party shall be given time to perform remedies or rectify for a certain period of time. The existence of such a clause might restrict any party from bringing the dispute to a dispute settlement forum before the defaulting party is given its chance to rectify the situation or provide remedies.

  3. Reviewing each party’s performance of the contractual obligations
    It is important to review each party’s performance of the contractual obligations. In many cases, there might be an opportunity for both contracting parties to conduct breach of material contract. If that is the case, it is important to review each other’s material losses. In the event that your counterpart has suffered more significant losses due to your non-performance compared to the loss that you have suffered, it will be not wise to initiate the legal recourse. Therefore, analyzing and having clear information on each other’s potential claims is vital prior to taking any further legal recourse.

  4. Keep relevant documentation
    It is sensible to keep all documentation relating to your dealings, as they may become relevant if a dispute arises. In the event of a dispute, having copies of all relevant contracts, related emails, text messages, purchase orders and cheque receipts may help to facilitate and expedite the legal recourse process and strengthen your position. Prior to conducting legal recourse, it is wise to keep lines of communication open with your adversarial party and, if possible, obtain a written acknowledgement of the debt, perhaps by requesting an acknowledgement for accounting purposes. Once such an acknowledgement is obtained, it becomes very difficult for the party to fight any claim that may subsequently be brought.

How Schinder can help

Our team of lawyers have extensive experience representing dozens of companies in commercial disputes before court litigation as well as in arbitration proceedings. Shall you need any services related to commercial contract and commercial dispute matters, please feel free to write to us at info@schinderlawfirm.com .

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with all laws and regulations and receive
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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.