While the existence of an arbitration clause prohibits any party from filing the dispute to the District Court, Indonesian laws stipulate that any dispute related to bankruptcy can and must be settled before the Commercial Court
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Choice of Law and Choice of Forum in Commercial Contracts
“In accordance with the principle of freedom of contract, any contracting parties can determine the choice of law and the choice of forum in commercial contracts. While it is not mandatory to do so, determining such choices can be beneficial to the contracting parties under certain considerations.” In Indonesia, the laws and regulations acknowledge a […]
Outsourcing Contract
“An outsourcing activity must commence appropriately by the Manpower Law and Ministerial Regulation No. 11 of 2019. Any violation of any kind shall result in an employment relationship between the Contracting Company and the workers provided by the Outsourcing Company.” Within the Law No. 13 of 2003 concerning Manpower (“Manpower Law”), a company may subcontract […]