Talitha Amanda Ekadhani

Indonesia does not have a fully separate commercial court system. Most commercial disputes between private parties are heard in the ordinary general courts, with some matters allocated to specialist courts. General courts (Peradilan Umum). District courts are the main first-instance forum for civil and commercial claims (e.g. contract, tort and other business disputes). Appeals go to the provincial high courts, which re-examine facts and law.

A more hard-edged line between domestic and international arbitration Arbitration has long been a central mechanism for resolving commercial and cross-border disputes in Indonesia. Yet for years, practitioners and clients have grappled with a basic definitional problem: when is an arbitral award “international”? Article 1(9) of the Arbitration Law contained the phrase “deemed to be”, which created a pathway for certain awards rendered in Indonesia to be treated as international awards.

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