Sunday, 9 October 2016

Contracting with Indonesian corporates


Consider due diligence such as background checks.  The corporate and litigation registries are rather opaque and should not be considered as the final word.  

Get personal undertaking from the individual controllers - Something to consider when signing up with an Indonesian corporation. Even if arbitration clause is applied, an overseas arbitral award will still need to "follow the money" into Indonesia to be enforced and in most cases these corporations have little or no assets and the execution process can be opaque. You may wish to consider getting indemnity agreement from the individual controllers with arbitration clause as dispute resolution. It is not uncommon for these individual controllers to park their assets overseas such as neighbouring Singapore.   An arbitration award will yield better result if enforced in Singapore against their personal assets. Also, the counter party is likely to be in stronger bargaining position in negotiation when issue arises since these individuals running the company will be affected by their personal exposure.