Dispute Resolution Indonesia – Arbitration Agreements

Pursuant to article 1 of the Arbitration Law (Law No. 30 of 1999 regarding Arbitration and Alternative Dispute Resolution), an arbitration agreement must be made in writing. It may be in the form of an arbitration clause within a written contract or, if the arbitration agreement is concluded after a dispute has arisen, in a separate written agreement to arbitrate.

In cases where the parties cannot sign the separate written agreement, the arbitration agreement must be executed in notarial deed form (article 9(2) of the Arbitration Law). Article 9(3) of the Arbitration Law imposes formal requirements for a separate written agreement to arbitrate, which must contain:

• the issue or issues in dispute;