Arbitration Submission Agreement Template for Indonesia

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Key Requirements PROMPT example:

Arbitration Submission Agreement

"I need an Arbitration Submission Agreement under Indonesian law for a construction dispute between my company and a local contractor, with BANI arbitration in Jakarta, three arbitrators, and proceedings to be conducted in both English and Indonesian languages."

Document background
The Arbitration Submission Agreement is used when parties with an existing dispute agree to resolve it through arbitration rather than court litigation. Unlike arbitration clauses in contracts that address future disputes, this agreement is created after a dispute has already arisen. It must comply with Indonesian Law No. 30 of 1999 and related regulations, making it enforceable in Indonesia and potentially internationally under the New York Convention. The agreement details the specific dispute, arbitration procedures, arbitrator selection, applicable laws, and other essential elements needed for effective dispute resolution. It's particularly valuable for complex commercial disputes where parties seek a private, flexible, and potentially faster resolution process than traditional court litigation.
Suggested Sections

1. Parties: Identification and details of all parties to the arbitration agreement

2. Background: Context of the dispute and the parties' agreement to submit to arbitration

3. Definitions: Definitions of key terms used throughout the agreement

4. Dispute Description: Detailed description of the existing dispute being submitted to arbitration

5. Agreement to Arbitrate: Express agreement to submit the dispute to arbitration and waiver of court proceedings

6. Scope of Arbitration: Precise scope of matters to be determined by the arbitral tribunal

7. Arbitration Rules: Specification of the arbitration rules to be applied (e.g., BANI Rules, UNCITRAL Rules)

8. Seat and Venue: Designation of the seat of arbitration and physical venue for hearings

9. Arbitrator Appointment: Process for selecting and appointing arbitrators

10. Language: Specification of the language(s) to be used in the arbitration

11. Governing Law: Specification of Indonesian law as the governing law

12. Costs: Allocation of arbitration costs and legal fees

13. Confidentiality: Obligations regarding confidentiality of the arbitration proceedings

14. Notices: Process for serving notices and communications

15. Execution: Signature blocks and execution requirements

Optional Sections

1. Interim Measures: Provisions regarding interim or emergency relief, used when there's a potential need for urgent temporary measures

2. Document Disclosure: Specific rules for document production and disclosure, used when extensive documentation is involved

3. Expert Determination: Provisions for appointing expert witnesses, used when technical expertise is required

4. Multiple Parties: Special provisions for cases involving more than two parties

5. Appeal Rights: Provisions regarding any agreed rights of appeal, used when parties want to preserve appeal options

6. Settlement Provisions: Procedures for recording settlement agreements reached during arbitration

7. Severability: Provisions ensuring survival of valid parts if others are found invalid

8. Third Party Rights: Provisions regarding rights of third parties, used when third party interests are involved

Suggested Schedules

1. Schedule 1 - Dispute Documents: Key documents relating to the dispute (e.g., contracts, correspondence)

2. Schedule 2 - Arbitrator Qualifications: Required qualifications and experience for arbitrators

3. Schedule 3 - Procedural Timetable: Preliminary timetable for the arbitration proceedings

4. Schedule 4 - Cost Schedule: Detailed breakdown of arbitration costs and payment terms

5. Appendix A - Power of Attorney: If applicable, powers of attorney for party representatives

6. Appendix B - Supporting Evidence: List or copies of key evidence relevant to the dispute

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Relevant Industries

Manufacturing

Construction

Energy

Mining

Oil and Gas

Financial Services

Technology

Telecommunications

Real Estate

Infrastructure

Maritime and Shipping

International Trade

Retail

Healthcare

Agriculture

Relevant Teams

Legal

Compliance

Risk Management

Corporate Affairs

Executive Leadership

Commercial Operations

Business Development

Finance

Corporate Governance

International Operations

Relevant Roles

Legal Director

General Counsel

Chief Legal Officer

Commercial Director

Chief Executive Officer

Chief Financial Officer

Contract Manager

Legal Manager

Compliance Officer

Risk Manager

Business Development Director

Operations Director

Project Manager

Corporate Secretary

Head of Legal

Dispute Resolution Counsel

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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