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Asia Pacific International Arbitration Chamber (APIAC) Advances Dialogue on China-Indonesia Trade Relations at 2024 Seminar

Release time：2024-09-09 14:35:19

Jakarta, August 27, 2024 — The Asia Pacific International Arbitration Chamber (APIAC) played a significant role in today’s seminar, "Arbitration’s Role in Shaping Future Trade between China and Indonesia," held at the Grand Sahid Jaya Hotel in Jakarta. This high-profile event, co-organized with the Indonesian Academy of Independent Mediators and Arbitrators (MedArbId) and the China International Economic and Trade Arbitration Commission (CIETAC), brought together an impressive roster of legal experts, corporate leaders, policymakers, and academics to delve into the growing significance of arbitration in fostering and securing trade relations between China and Indonesia.

The seminar began with opening remarks from distinguished judicial figures, Saut Maruli Tua Pasaribu, S.H., M.H., Chief of South Jakarta District Court, and Dra. Susanti Arsi Wibawani, S.H., M.H., Judge at Central Jakarta District Court. They shed light on the intricacies of registering arbitral awards, noting the Central Jakarta District Court’s unique position as the sole court authorized to handle international arbitral awards in Indonesia. Their discussion also included significant arbitration cases that had been annulled on the grounds of public policy, providing valuable insights into the practical challenges faced in enforcing arbitral awards.

Following these introductory remarks, Xie Changqing, Vice President of the Arbitration Court of CIETAC, delivered a compelling keynote address. Xie Changqing emphasized the pivotal role of arbitration in resolving trade disputes, particularly in the context of the dynamic economic relationship between China and Indonesia. She highlighted how effective arbitration mechanisms are essential for maintaining stability and fairness in cross-border commercial interactions. Her speech underscored the importance of arbitration in managing the risks associated with complex international trade agreements and how it serves as a cornerstone for resolving disputes efficiently and impartially.

The seminar featured two substantive panel discussions, each providing in-depth analysis and expert perspectives on critical issues affecting arbitration and trade.

The first panel, moderated by Hanna Azkiya, an Associate at King & Spalding, focused on "Arbitration Trends in Asia-Pacific: Insights on Resolving State-Investor Claims." The panel included a distinguished lineup of experts: Karen Mills, J.D., FCIArb, an international legal consultant at Karimsyah Law Firm; Cui Jun, a CIETAC Arbitrator; Professor Elijah Putilin, FCIArb, an independent arbitrator; Cao Jianxiong, Vice Chairman of APIAC Hong Kong Arbitration Center; and Kendista Wantah, Senior Associate at De Brauw Blackstone Westbroek.The discussion addressed the complexities of dispute resolution mechanisms under Bilateral Investment Treaties (BITs) and Multilateral Investment Treaties (MITs). The panelists explored various challenges and trends in investment arbitration, including the implications of treaty language, the handling of defense and counterclaims, and the broader impact of these issues on international investment. Professor Putilin emphasized the critical importance of precise treaty wording, noting that even minor discrepancies can significantly affect arbitration outcomes. Cao Jianxiong highlighted that while Chinese investors are highly active in investment treaty arbitration, there have been no recorded claims from Chinese investors against Indonesia. This observation pointed to a positive trend in bilateral relations and underscored the importance of maintaining amicable interactions between the two countries in the field of international investment.

The second panel, led by Ilman Rakhmat, Co-Chair of CIArb Indonesia Chapter, delved into the modernization of arbitration laws in China, Indonesia, and Pakistan. The panel featured Tony Budidjaja, Chairman of MedArbId; WEI Ziping and Yin Tianshu from CIETAC; and Mian Sheraz Javaid, Chair of the Chartered Institute of Arbitrators, Pakistan Branch. The discussion explored the need for legislative updates to keep pace with the evolving needs of modern businesses. The panelists examined the challenges and opportunities associated with updating arbitration laws to facilitate smoother dispute resolution processes. A key topic was the registration of arbitral awards in Indonesia, which can be confusing for foreign lawyers and institutions. Comparisons were drawn with the mechanisms in China and Pakistan, offering insights into how different jurisdictions handle arbitral awards and the implications for international arbitration.

（Tony Budidjaja, Chairman of MedArbId and Cao Jianxiong, Vice Chairman of APIAC Hong Kong Arbitration Center）

Throughout the day, the seminar provided attendees with a wealth of knowledge and practical strategies for navigating the arbitration landscape. The discussions underscored how arbitration not only serves as an effective mechanism for dispute resolution but also enhances confidence in cross-border trade and investment between China and Indonesia. By addressing complex issues and offering solutions, the seminar demonstrated the critical role of arbitration in fostering economic collaboration and managing legal risks in international trade and investment.

The successful conclusion of the seminar marked a significant step in strengthening the collaboration and dialogue between arbitration institutions in China and Indonesia. APIAC, MedArbId, and CIETAC reaffirmed their commitment to advancing arbitration as a key component of legal risk management. APIAC, in particular, will continue to offer specialized services to Chinese and international enterprises, reinforcing its role as a vital facilitator of global trade and investment.

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