5th ICC Indonesia Arbitration Day

08.30-09.00

Registration & Welcome Coffee

09.00-09.05

Welcome Address

• Mr Frans Winarta (Chairman, Arbitration & ADR Commission at ICC Indonesia; Managing Partner, Frans Winarta & Partners)

09.05-09.10

Opening Address

• Mr Tejus Chauhan (Director, Arbitration & ADR, South Asia, ICC Dispute Resolution Services)

09.10-09.30

Keynote Address

• Dr. Lucky Agung Binarto S.H., C.N., M.H. (Ministerial Advisor on Economic Affairs at the Ministry of Law and Human Rights of the Republic of Indonesia)
• Ms Shinta Kamdani (Chairwoman of Indonesian Employer's Association/APINDO; Vice Chairwoman of KADIN Indonesia; Founder of Indonesia Business Coalition for Women Empowerment)

09.30-09.45

Tea & Coffee Break

09.45-11.00

Session 1 – New capital city, new economic and disputes landscapes: the role of arbitration & ADR going forward

The Indonesian government's plan to relocate the administrative functions from Jakarta to Nusantara, the new capital city in East Kalimantan, is likely to lead to increased infrastructure development, economic growth, and foreign investment in the region. As numerous projects are being piloted in Nusantara, the new economic landscape is set to attract investors and other industry players, inevitably leading to the emergence of disputes in the future.  The Panel will explore the significant role arbitration & ADR will play in addressing disputes arising from Nusantara projects, both as a primary dispute resolution mechanism and as a complementary tool to litigation.

11.00-12.15

Session 2 - Uniting common and civil law jurisdictions: document productions in arbitration proceedings

Although a fixture and highly substantial in arbitration proceedings in both common and civil law jurisdictions, document production still invites contentious debates amongst users and clients. With the choice of IBA Rules on the Taking of Evidence of International Arbitration (“IBA Rules”) which is considered common law-centric and the Rules on the Efficient Conduct of Proceedings in International Arbitration (“Prague Rules”)being considered civil law-centric, parties from different jurisdictions remain divided on the use of both Rules and have yet to settle scores on which one is best when it comes to time and cost controlling tool. The Panel of this session will discuss the topic from both common and civil law perspectives and give practical tips to Indonesian parties for document production at both domestic and international levels.

12.15-13.30

Lunch & Networking Break

13.30-14.45

Session 3 – Finding middle ground: parties’ settlement of disputes

A lot has been said and done about dispute prevention and resolution. One aspect of these mechanisms that often gets overlooked is the parties’ settlement. In this session, the panel will discuss the impact of such settlement on the proceedings, both from efficiency and procedural standpoints, as well as share practical tips on reaching a satisfactory settlement of disputes.

14.45-15.00

Tea and Coffee Break

15.00-16.00

Session 4 – Oxford-style Debate: Should arbitration for disputes involving public interests be conducted in a transparent manner?

House A: This House believes that transparency in arbitration is a hallmark of the rule of law and access to justice and shall be upheld, particularly in disputes involving public interests.

House B: This House believes that there are limits to transparency in arbitration, even in disputes concerning public interests, because confidentiality is the cornerstone of arbitration.

This debate aims to unpack and debunk transparency in arbitration and explore the limitation and challenges associated with achieving it. The speakers will represent House A and House B and present their views on finding the equilibrium between transparency and confidentiality when it comes to public interests.

16.00-16.05

Closing and Vote of Thanks

• Mrs Lusiana Indomo (Executive Director, ICC Indonesia)

16.05-17.30

Networking Reception