INDONESIA Law and Practice Contributed by: Emir Nurmansyah, Ulyarta Naibaho, Adithya Lesmana and Adrian Panata, ABNR Counsellors at Law
7.4 Legal Representatives No particular qualification is required for a legal repre - sentative appearing before arbitration proceedings in Indonesia. In fact, there is no obligation to be admit - ted to any bar association in order to act as counsel in such proceedings. Moreover, there is no obligation for the parties to be represented at all. Foreign legal representatives require no specific qualification to act as their client’s representative. If a legal representative is an Indonesian legal counsel/ advocate, the requirements under Law No 18 of 2003 (the “Advocates Law”) will apply. For capital market arbitration in BAPMI, the legal representatives that can appear must be members of the Association of Capi - tal Market Legal Consultants ( Himpunan Konsultan Hukum Pasar Modal , or HKHPM). 8. Evidence 8.1 Collection and Submission of Evidence As Indonesia is a civil law country, under Indonesian procedural law a party must present its own evidence to substantiate its claim; hence, the common law con - cept of discovery is generally not recognised. Under the Arbitration Law, arbitrators do have the power to request parties to provide additional information in writing, documents or other evidence necessary. However, arbitrators have no executorial authority to compel the parties to provide the requested docu - ments. 8.2 Rules of Evidence The Arbitration Law adopts a combination of rules of evidence provided under the provisions of the Arbitra - tion Law and the Indonesian Civil Code. The approach taken to implement such a combination is the princi - ple of lex specialis derogit lex generalis; therefore, if the provisions in the Arbitration Law stipulate a spe - cific subject matter, this would override the law gov - erning general matters (for example, the Indonesian Civil Code). The Arbitration Law also adopts the civil procedural law or HIR. A party may submit any of the following evidence rec - ognised under the Indonesian Civil Code and HIR:
In contrast to the UNCITRAL Model Law, the arbitra - tion proceedings must be completed within 180 days after the panel of arbitrators has been established; the Arbitration Law states that arbitration procedures may not extend beyond 180 days. This term can be extended by the arbitrators at the substantiated request of one of the parties, as a result of interim measures, or if the proper resolution of the dispute so requires, as determined by the arbitral tribunal. It is possible and common to waive this provision in an arbitration clause. The award must follow the requirements set out in Article 54 (1) of the Arbitration Law (for further expla - nation, see 10. The Award ), and must be pronounced within 30 days of the examination being completed. 7.3 Powers and Duties of Arbitrators The arbitrators, acting as an arbitral tribunal, have the authority to: • determine the tribunal’s own jurisdiction; • determine the rights and obligations of the disput - ing parties; • render an interlocutory decision at the request of one of the disputing parties; • conduct site visits if considered necessary; • determine the seat of arbitration, unless already • adjudicate the claims based on applicable law or the principles of fairness and appropriateness (ex aequo et bono), unless the parties have agreed to reject these principles; • complete the examination of the case within 180 days of the establishment of the panel of arbitra - tors, unless an extension is agreed by the parties; and • decide on the arbitration costs (arbitrators’ fees, transportation costs and other relevant costs, costs to summon witnesses or experts that may be necessary for the examination of the dispute, and administration costs). agreed by the parties; and • hear witnesses or experts. The arbitrators have the duty to:
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