Commercial Litigation

Commercial disputes in Indonesia are won on documents and lost on assumptions — most often the assumption that an arrangement understood between the parties will be read the same way by a court that was not in the room.

What we act on

• Contract disputes: supply, distribution, agency, services and construction
• Shareholder and joint-venture conflicts under Law No. 40 of 2007 on Limited Liability Companies
• Unlawful act claims under Article 1365 of the Indonesian Civil Code
• Breach claims founded on Articles 1320 and 1338 of the Civil Code
• Enforcement of judgments and asset recovery
• Arbitration and award enforcement under Law No. 30 of 1999
• Court-annexed mediation under Supreme Court Regulation No. 1 of 2016

Mediation is not optional

Supreme Court Regulation No. 1 of 2016 makes mediation a mandatory stage in civil proceedings before the first-instance court. Failing to treat it seriously is a wasted opportunity and, where the procedure is not properly observed, a ground on which a judgment can be challenged.

The firm includes a certified mediator, which shapes how we prepare that stage: with a position that can actually settle, rather than a restatement of the pleadings.

Where the intellectual property practice meets this one

A large share of our commercial work arrives through intellectual property: a distributor who registered the principal’s mark in its own name, a licensee trading after termination, a supplier using tooling and specifications developed for someone else. Those disputes are commercial in form and proprietary in substance, and they are usually resolved faster by someone who can see both.