Prof. Yetty Komalasari Dewi Speaks on Arbitration and Investment Disputes in Indonesia

Prof. Dr. Yetty Komalasari Dewi participated as a speaker in the seminar “Managing Investment Boom in Indonesia: The New Era of Dispute,” held on 25 August 2025 in Jakarta. The seminar was hosted by the Shanghai International Arbitration Center (SHIAC) and jointly organised with the Badan Arbitrase Nasional Indonesia (BANI), the Badan Arbitrase Keolahragaan Indonesia (BAKI), and other institutional partners. The forum addressed dispute resolution dynamics amid Indonesia’s rising investment flows, with particular attention to the growing complexity of cross-border investment disputes.

In her presentation, Prof. Yetty examined the position of arbitration within Indonesia’s legal system, particularly its relationship with the judiciary. While arbitration is conceptually grounded in party autonomy, consent, and the finality of awards, its interaction with national courts continues to present structural challenges. These challenges mainly concern the scope of judicial intervention in arbitration proceedings and awards, including during enforcement and annulment stages, which may affect legal certainty for disputing parties.

The discussion underscored that arbitration reform is increasingly relevant in the context of high-value investment disputes. Clarity and consistency in the relationship between arbitration and the courts are critical factors for investors in assessing legal risk. The seminar highlighted how arbitration discourse has evolved beyond a purely procedural mechanism, becoming an integral part of broader investment policy and institutional design in responding to a more complex global investment landscape.

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