Resounding Victory in Representing an Indonesian State-Owned Project Owner against a Subsidiary of a Chinese State-Owned Enterprise at BANI
We are pleased to announce the recent triumph of our Litigation & Alternative Dispute Resolution team in representing an Indonesian state-owned project owner as a claimant in an arbitration against a prominent subsidiary of a Chinese state-owned enterprise before the Indonesian National Board of Arbitration (BANI).
The arbitration arose from a breach of contract by the contractor in providing machinery for our client’s plant, which ultimately broke down. Given the highly technical nature of the dispute, we were required to both analyze the legal as well as the technical aspects of the case to ensure that our arguments are not only legally sound but also technically accurate. The machinery in the dispute is a relatively new technology and still rarely used in the industry, adding to the technical intricacies of the case. In addition, the respondent also filed a counterclaim against our client alleging that our client had improperly operated the plant and defaulted in a number of payments. Outside of the arbitration process, we also advised our client on good corporate governance applicable to state-owned enterprises.
The outcome was a resounding victory: the tribunal granted more than 97% of the direct damages claimed (excluding interest) and rejected the respondent’s counterclaim in full.
We would like to thank the client for entrusting us with this case.
Congratulations to the team and the client!