Litigation & Dispute Resolution

Overview

AHP has a very strong litigation team made up of one partner (Mr. Eri Hertiawan) and eight associates. We regularly represent clients in tort, contract, employment, internal corporate fraud, real estate, trademark and intellectual property litigation, to name but a few. Our primary focus, however, is on commercial disputes, litigation, and arbitration. 

In the arbitration arena, we have developed a formidable reputation for expertise and successful outcomes with the result that AHP advocates are regularly called upon to appear before the Indonesian National Arbitration Board (BANI), as well as overseas arbitration bodies, such as the Singapore International Arbitration Centre. 

We have also gained a well-earned reputation as being at the cutting edge of competition law in Indonesia (see separate Competition Law section), and in addition boast a strong line-up of general advisory and retainer clients whom we advise on contentious issues that arise from time to time. 

Highlights

Our recent high-profile representations include:

• Advising the Association of Indonesian Cellular Operators (ATSI) in response to an action by the Indonesian Telecommunications Center Operators Association arising out of alleged unpaid airtime charges. The matter is currently at the mediation stage and involves a number of complex questions of telecommunications law. (Ongoing)
• Counsel to telecommunications operator PT Indosat Tbk in relation to a tort claim against state-owned gas company PT Perusahaan Gas Negara and its contractors arising out of damage to Indosat’s fiber optic cables. The case is currently before the West Jakarta District Court, and involves important questions of liability on the part of public utilities. (Ongoing)
• Representing the Hongkong and Shanghai Banking Corporation (HSBC), Jakarta Branch, in a Supreme Court appeal against PT Toba Surimi Industries in an important test case concerning the liability of banks for customer losses arising from the sale of complex derivatives products that failed in the wake of the 2008 global financial crisis. (Ongoing)
• Representing the sole distributor in Indonesia of telecommunications products manufactured by a Taiwanese company in complex trademark litigation with significant IP implications for the telecommunications sector. (Ongoing)
• Representing a property developer in a breach of contract claim against the contractors in an apartment development project. (Ongoing)

What they say about us

Eri Hertiawan and his team are recommended for both litigation and arbitration work by the 2011 edition of highly respected international legal directory AsiaLaw Profiles.