Dispute Resolution

Hendra Soenardi has handled some of the largest and most complex disputes in Indonesia. We have represented buyers, sellers, target companies, resources companies, sponsors, power producers, real estate property developers and plantation companies in various amicable settlements outside of the courts and in various adversarial disputes before the courts and arbitration panels in and outside of Indonesia.

Soenardi Pardi, the head of our litigation practice, has been involved in international disputes filed with the courts in Singapore and Hong Kong and arbitration panels in Singapore, London and Washington D.C., either as an Indonesian counsel or expert witness.

REPRESENTATIVE DISPUTES

• Together with Curtis Mallet-Prevost, Colt & Mosle, Hendra Soenardi acted as counsel to the Republic of Indonesia in defense of a claim from Churchill Mining PLC and Planet Mining Pty Ltd, filed with the International Centre for Settlement of Investment Disputes.
• At the request of Lipman Karas, Soenardi Pardi acted as an expert witness for the Republic of Indonesia in defence of an application for asset recovery from a foreign jurisdiction.
• Together with Holman Fenwick Willan, Hendra Soenardi acted as counsel to an Indonesian mining company in defense of a claim from a commodity purchaser filed with the London Court of International Arbitration.
• Together with Allen & Gledhill, Hendra Soenardi acted as counsel to an Indonesian mining company in a claim against its main contractor filed with the Singapore International Arbitration Centre.
• Together with Rajah & Tann, Hendra Soenardi acted as counsel to an Indonesian power producer in a claim against its main contractor filed with the Singapore International Arbitration Centre.
• Together with Rajah & Tann, Hendra Soenardi acted as counsel to a Singapore company in a claim against a Malaysian company in multiple jurisdictions in relation to a shareholder dispute.
• Together with Drew & Napier, Hendra Soenardi acted as counsel to a Singapore company in a claim against an Indonesian company in relation to a shareholder dispute.
• At the request of Drew & Napier, Soenardi Pardi acted as an expert witness for a Singapore company in a claim of breach of contract against an Indonesian company.
• Together with Kenneth Tan Partnership, Hendra Soenardi acted as counsel to an investor and a target company in defense of various claims from an ousted shareholder filed in the courts of Singapore and Indonesia.
• Counsel to an Indonesian company in one of the largest successful derivative claims against Standard Chartered Bank filed with the Indonesian courts.

INFRASTRUCTURE & CONSTRUCTION MATTERS

• Counsel to a power producer in Kalimantan in a claim against its main contractor filed with the Singapore International Arbitration Centre (SIAC).
• Counsel to a state-owned project owner in a dispute with its main contractor in relation to the construction of a high-rise building in Jakarta.
• Counsel to an Indonesian construction company in a dispute with its local and international subcontractors filed with the Singapore International Arbitration Centre (SIAC).
• Counsel to the property arm of a state-owned company in a construction dispute, renegotiation and settlement with another state-owned construction company, and advising on the compliance of the renegotiation with Badan Permeriksaan Keuangan (the State audit agency).
• Counsel to a contractor in a construction dispute settlement with a foreign-owned (PMA) Indonesian coal company

LAND RELATED MATTERS 

• Advising on a land ownership dispute relating to Eigendom Verponding (land title prior to the introduction of the Basic Agrarian Law).
• Advising a property developer on a land ownership dispute between a holder of Hak Pengelolaan and a holder of Hak Guna Bangunan (“HGB”).
• Advising one of the biggest property developers on a land ownership dispute relating to inheritance rights and their affect on a land sale and purchase agreement.
• Advising a developer in a dispute relating to overlapping HGB and Girik land (a form of customary title).
• Advising one of the biggest property developers in Indonesia, as a purchaser, in a dispute relating to the proposed sale and purchase of 180 hectares of land and a land dispute settlement agreement relating to 350 hectares of land.
• Advising a coal mining company in Kalimantan in a land overlapping/license revocation dispute with several plantation companies.
• Advising sponsors on the key legal issues in an on-going land dispute for the site of a proposed power plant, in order to facilitate deal closure.
• Counsel to a defendant power producer in Central Java in relation to a land clearance and spatial law dispute before the Indonesian administrative court. Successfully defending the case assisted the sponsors, PLN, and the Government to overcome one of the main obstacles in the development of the power plant project.
• Advising one of the biggest property developers in a dispute relating to a claim for compensation in respect of land acquired for a public purpose by the Government.