We are honored to announce that Nikki Krisadtyo, Senior Associate at UMBRA, recently appeared as an expert before the Constitutional Court for the constitutional review of the Indonesian Arbitration Law. The case concerns the interpretation of what constitutes international arbitral awards under the Indonesian Arbitration Law. Nikki’s expert testimony focused on English law’s position on this issue. The applicant, Togi M. P. Pangaribuan, filed the constitutional review with respect to the definition of international arbitral awards, which include awards “which, under the provisions of Indonesian law, are deemed to be international arbitral awards.” This open-ended definition became a hotly debated topic after the Pertamina v. Lirik Petroleum case. In Pertamina v. Lirik Petroleum, Indonesian courts ruled that an arbitral award that was rendered in Jakarta was an international arbitral award due to foreign elements in the case. The foreign elements were the use of a foreign arbitral institution (the ICC) and the use of foreign currency and foreign language in the contract. The applicant argues that the place where an arbitral award is rendered should strictly determine whether it is an international arbitral award or not. In prior hearings, the Constitutional Court asked the parties to compare the definition of international arbitral awards in the Indonesian Arbitration Law against definitions in other countries’ arbitration laws. As an English solicitor and experienced arbitration practitioner, Nikki’s testimony focused on English law’s position on this issue. As England is a global hub for arbitration, English law is often used as a reference point for arbitration-related issues. Nikki’s testimony focused on the definition of international arbitral awards in the English Arbitration Act and how English courts apply this definition. He also compared the definition in the English Arbitration Act against definitions in the arbitration acts of the United States and Singapore. His testimony captured the Constitutional Court’s interest, prompting follow-up questions from four of the nine justices. Nikki was examined alongside Prof. Yetty Komalasari Dewi, Professor of Law at Universitas Indonesia, who also appeared as an expert and Jou Samuel Hutajulu, Legal Counsel of PT Pertamina EP, who appeared as a witness. We convey our deepest appreciation to the Constitutional Court, the applicant, and representatives of the President, the House of Representatives, the Supreme Court, and BANI Arbitration Center, who are also involved in this case. For more details, the recording of the hearing and the Constitutional Court’s article (in Bahasa Indonesia) can be found in the following links: Recording: https://lnkd.in/dRVRS2Mu Article: https://lnkd.in/dAC7ZKGu #NoFirmLikeUs #WeMasterTheGame
