Andi Kadir is a senior partner and head of the Dispute Resolution Practice Group. He has extensively represented multinational corporations and local companies in domestic and international arbitration (including enforcement of arbitration awards in Indonesia), complex litigation proceedings, court-sanctioned debt restructuring proceedings (PKPU), bankruptcy/insolvency litigation and enforcement of collaterals in Indonesia. He is also well experienced in employment litigation (including dismissal of directors and commissioners), corporate crimes, compliance and regulatory issues in the context of investigation, and administrative law disputes with government agencies (including judicial review to annul the government's regulations).
Andi is a co-chairman of the arbitration and ADR commission of ICC Indonesia. He is also a court member of ICC International Court of arbitration. He is a registered arbitrator at Badan Arbitrase Nasional Indonesia (BANI).
Representative Legal Matters
- Represented a major Indonesian shipping company in its debt restructuring process. It was one of the biggest and the longest restructurings through suspension of payment processes in the Indonesia Commercial Courts. The restructuring also involved multijurisdictional proceedings, including in the US and Singapore.
- Represented a major Asian oil company in ICC arbitration proceedings in relation to an oil and gas concession in the SE Asia region. The seat of arbitration is Hong Kong.
- Represented an Asia-based conglomerate in various disputes concerning hostile takeover of a joint venture company in Indonesia. The dispute involved arbitration proceedings (SIAC), multiple court cases and criminal proceedings in Indonesia.
- Represented a manufacturer of luxury perfumes and cosmetics in various disputes concerning termination of an exclusive distribution agreement. The dispute involved a lot of onshore and offshore litigation (Indonesia and Singapore) and arbitration proceedings (SIAC).
- Represented a major Japanese financial institution in four parallel tort court proceedings concerning nullification of facility agreements in Indonesian courts. The cases were multiparty litigation cases involving more than 50 parties (both local and foreign parties).
- Represented telecommunication companies in multiple class action lawsuits concerning telephone tariffs in Indonesian courts.
- Represented a large-scale Indonesian retail company in arbitration proceedings (SIAC) concerning change of control of the joint venture partner under a joint venture agreement.
- Represented a consortium in arbitration proceedings with respect to shareholders disputes under a shareholders agreement of an LPG plant company (BANI).
- Acted for an Asia-based multistrategy investment group to strategize a debt recovery process, including strategies to be implemented to enforce securities (including land mortgage, fiducia, personal and corporate guarantees) effectively and to recover monies lent under a facility agreement.
- Represented an Australian mining company in a judicial review against a Minister of Forestry Decree on Batang Gadis National Park.
Professional Associations and Memberships
- Indonesian Advocates Association (PERADI)
- Court Member of ICC International Court of Arbitration
- Vice Chairman of Arbitration and Alternative Dispute Resolution Commission of ICC Indonesia
- BANI arbitrator
- Indonesia (2007)
- University of Groningen (LL.M., cum laude) (2011)
- Islamic Riau University (B.A. Law, cum laude) (2001)
Panelist, "The Internationalization of the Indonesian Restructuring Process," The Law Society of Singapore - Regional Insolvency Conference, Singapore, August 2014
Author, "INDONESIA: Friendly or Not?," Global Arbitration Review, July 2014
Author, "Remedies and pitfalls in Indonesian debt recovery," IFLR, April 2014
Author, "Will Indonesia tear up all its BITs?," LexisNexis, April 2014
Author, "INDONESIA: The risks of enforcing foreign awards," Global Arbitration Review, January 2014