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Rajah & Tann Regional Round-Up

your snapshot of key legal developments in Asia

Issue 2 - Apr/May/Jun 2021

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INDONESIA

Affidavit of Witnesses and Experts in Indonesian Arbitration Practice

While Indonesian law does not recognise the concept of affidavits, in practice, it is common for arbitrators to request witnesses and experts to submit affidavits before their examination in the hearing. This concept stems from international arbitration practice as reflected in the IBA Rules on the taking of Evidence in International Arbitration (IBA Rules). However, there are some things that the disputing parties need to be aware of to ensure that the submitted affidavits are given the appropriate weight. These include:

Format – while there is no legal basis that regulates the format of the affidavit, the most popular format used in an Indonesian arbitration is a Q&A format.

Content – the affidavit should address, with specific details, key information, statements, or opinions of the expert or witness.

Structure – information should be arranged in a coherent manner, containing background of the expert/witness’ standing, qualifications, experience.

For more information, click here to read our Legal Update.

Please note that whilst the information in this Update is correct to the best of our knowledge and belief at the time of writing, it is only intended to provide a general guide to the subject matter and should not be treated as a substitute for specific professional advice.


Assegaf Hamzah & Partners 
Jakarta Office
Level 36 & 37, Capital Place
Jalan Jenderal Gatot Subroto Kav 18
Jakarta 12710, Indonesia

Surabaya Office
Pakuwon Center, Superblok Tunjungan City
Lantai 11, Unit 08
Jalan Embong Malang No. 1, 3, 5, 
Surabaya 60261, Indonesia
http://id.rajahtannasia.com


Contacts: 

Bono Daru Adji
Senior Partner
D +62 21 2555 7800 
F +62 21 2555 7899 
bono.adji@ahp.co.id

Ahmad Fikri Assegaf
Senior Partner/Co-Founder
D +62 21 2555 7800 
F +62 21 2555 7899 
ahmad.assegaf@ahp.co.id

Chandra M Hamzah
Partner
D +62 21 2555 7800 
F +62 21 2555 7899 
chandra.hamzah@ahp.co.id

Eri Hertiawan
Partner
D +62 21 2555 7800 
F +62 21 2555 7899 
eri.hertiawan@ahp.co.id

Ibrahim Sjarief Assegaf
Managing Partner
D +62 21 2555 7800 
F +62 21 2555 7899 
ibrahim.assegaf@ahp.co.id


Rajah & Tann Singapore LLP

Contacts: 

Hamidul Haq
Partner
D +65 62320398
hamidul.haq@rajahtann.com

Rajah & Tann Asia is a network of legal practices
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Member firms are independently constituted 
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This update is solely intended to provide general
information and does not provide any advice or
create any relationship, whether legally binding
or otherwise. Rajah & Tann Asia and its member firms do not
accept, and fully disclaim, responsibility for any
loss or damage which may result from accessing
or relying on this update.