Jakarta, January 2024. What if claims not only lodged as an unlawful act, but also involve third parties that are not signatories to an arbitration agreement. For example, a claimant files an unlawful act claim against three different parties in court but has an arbitration agreement with one of the respondents. Would the court be authorized to try the dispute? This is the focus of the article. In conclusion, Indonesian courts will generally decline to try an unlawful act claim which includes third parties not bound by an arbitration agreement provided that the subject matter of dispute derives from, because of, or in relation to the underlying contract between the signatories of the arbitration agreement.  To delve deeper into this topic and gain more in-depth perspective, we encourage you to access the full chapter by simply clicking this link.

Kluwer Arbitration Blog (KAB) is a publication of Kluwer Law International providing information and news on international arbitration. We have gathered together leading experts from law firms, arbitration institutions, and academia to report on the latest developments.

Dr. Leks is a seasoned lawyer and registered arbitrator at BANI Arbitration Center.

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