Eri Hertiawan-205x275.jpg

Eri Hertiawan

Joint Head, Litigation & Dispute Resolution
Partner, Assegaf Hamzah & Partners

Practice Area:

Litigation & Dispute Resolution

Bachelor of law degree, majoring in civil law, Parahyangan Catholic University, Bandung (1992)
Licensed to practice law as an advocate by the Indonesian Bar Association (Peradi)
LL.M, University of Queensland, Brisbane, Australia (2005)

T +62 21 2555 7800
E eri.hertiawan@ahp.co.id

Eri was already a highly regarded advocate even prior to his joining Assegaf Hamzah & Partners as litigation partner in 2008, having risen quickly to make partner at another premier Jakarta law firm. Before that, he served as corporate legal manager with one of Indonesia’s largest diversified business groups.

At Assegaf Hamzah, he co-heads one of the foremost commercial disputes practices in the country. He is listed in 2013 edition of The International Who's Who of Commercial Litigators and the 2014 edition of The International Who’s Who of Business Lawyers. In addition, he is recognized as a “Leading Litigation Star” by Benchmark Asia Pacific 2013, and as “Key Individual” in Real Estate by Chambers Asia Pacific (2013 Ed.).

Fluent in both Indonesian and English, he is a regular speaker at legal and other forums, seminars, and workshops, and also makes occasional appearances on TV talk shows. A published author, he was one of the contributors to the Indonesia chapter in the seminal reference work, ASEAN Competition Law, published by Rajah & Tann LLP, Singapore, and LexisNexis in 2011.

Experience

An all-round litigator, Eri makes regularly appearances in high-profile tort, corporate / banking, competition and criminal cases. Among the major matters he has worked on in recent years are the following:

  • Representing Petronas Niaga Indonesia, the Indonesian subsidiary of Malaysia’s state energy company, in a number of ongoing arbitration and litigation cases related to the winding up of the company’s operations in Indonesia. (Ongoing)
  • Advising Sukhoi Aircraft Company of Russia on behalf of Capital Group as regards the legal implications of the crash of a Sukhoi Superjet 100 aircraft into Mt. Salak in West Java on 9 May 2012. (Ongoing)
  • Advising Rolls Royce as defendant in relation to the application of Indonesian law following an uncontained engine failure involving a Qantas aircraft in Indonesian airspace. The plaintiff argues that Singaporean law is applicable (as the place where the injury to the plaintiff occurred), while the defendant is of the view that Indonesian law is applicable as the jurisdiction where the engine failure occurred. (ongoing)
  • Representing the Association of Indonesian Cellular Operators in its Rp 56,000,000,000 dispute with the Indonesian Telecommunications Center Operators Association over airtime charges. (Ongoing)
  • Counsel to telecommunications operator PT Indosat Tbk. in relation to a tort claim against state-owned gas company PT Perusahaan gas Negara arising out of damage to Indosat’s fiber optic cables . (Ongoing, pending entering of judgment in High Court)
  • Representing Indonesian telecommunications operator as respondent before the Indonesian National Arbitration Board (BANI) in a claim arising out of the termination of a supplier contract. (Ongoing)
  • Garmin Case – Defending Garmin USA Inc., a manufacturer of navigation equipment, against a claim for compensation brought by the relatives of the victims of an aviation accident in Papua. (Ongoing)
  • KPPU v Garuda -- Successfully defended national flag carrier Garuda Indonesia in the Supreme Court against the Indonesian Competition Commission (KPPU)’s decision that Garuda had been part of an airline cartel established to maintain fuel surcharges. (2013)
  • KPPU v Gita Persada -- Successfully represented oil and gas firm PT Gita Persada in its appeal to the District Court against a finding by the competition authority (KPPU) that it was guilty of collusive tendering. The KPPU appealed to the Supreme Court, which upheld the District Court’s decision. (2013)
  • Successfully defended an Indonesian energy firm in the Singapore International Arbitration Centre (SIAC) against a claim brought by a supplier in connection with the non-payment of a performance bonus. (2012)
  • Successfully represented our client in the Singapore International Arbitration Centre against its insurer in connection with the insurer’s failure to make good substantial losses incurred by our client as a result of the non-performance by a third party of a cattle importation contract. (2012)
  • Representing the Hongkong and Shanghai Banking Corporation (HSBC), Jakarta Branch, in an appeal to the Supreme Court against a lower-court decision in favor of PT Toba Surimi Industries. The case is related to losses on derivative products sold by the bank, which losses were precipitated by the 2008 global financial crash. The parties eventually agreed to an amicable settlement. (2012)
  • Representing the Hongkong and Shanghai Banking Corporation (HSBC), Jakarta Branch, in an appeal to the Supreme Court against a lower-court decision in favor of PT Toba Surimi Industries. The case is related to losses on derivative products sold by the bank, which losses were precipitated by the 2008 global financial crash. The parties eventually agreed to an amicable settlement. (2012)
  • Successfully defended Indonesian national flag carrier Garuda Indonesia against a class-action claim for more than Rp 4 trillion in damages arising out of flight cancellations resulting from a pilots’ strike. (2011)
  • KPPU v Holcim -- Successfully defended cement producer PT Holcim Indonesia Tbk, a subsidiary of the largest cement producer in the world, against charges before the competition authority (KPPU) that it was part of a price-fixing conspiracy with other cement producers. (2010)
  • KPPU v Angkasa Pura -- Successfully defended state airport operator PT Angkasa Pura against charges that it operated a monopoly in its warehousing division. The operator was found guilty by the competition authority (KPPU), which conviction was upheld on appeal to the District Court. The District Court’s decision was subsequently reversed by the Supreme Court. (2010)
  • Represented Jakarta-listed PT Bank Danamon Indonesia Tbk as defendant in the Central Jakarta District Court in connection with a tort action relating to the enforcement of security on USD 200,000,000 2% Secured Bonds due 2010 Exchangeable for Shares of PT Central Proteinaprima Tbk issued by Thai investment group Red Dragon. Red Dragon withdrew its claim prior to the entering of judgment. (2009)
  • Represented Singapore-based Chemoil Energy as defendant in a tort action in the North Jakarta District Court. The claim was rejected on jurisdictional grounds. (2010)
  • Represented an international oil company before the Indonesian National Arbitration Board (BANI) in relation to a breach of contract action arising out of a land transaction. (2010)
  • Counsel to PT Holcim Indonesia Tbk in two unrelated breach of contract actions involving PT Prasadha Pamunah Limbaj Industri and parallel proceedings before the Singapore International Arbitration Center and the Indonesian National Arbitration Board (BANI). (2009)
  • Advised telecommunications maintenance provider PT Teleplan Indonesia in relation to an internal fraud case. (2009)
  • Assisted property developer PT Asiana Lintas Cipta Kemang in relation to claims for outstanding payments against its vendors. (2009)
  • Advised state-owned PT Bank Mandiri Tbk in relation to the recovery of a non-performing loan from one of its biggest debtors. (2009)
  • Counsel to PT Gag Nikel, formerly a subsidiary of Australia-based mining firm BHP Billiton, as defendant in a tort action in the Sorong District Court, Papua, and on appeal in the Jayapura Appellate Court. (2008-2009)
  • Represented PT Bank Mandiri Tbk in agreeing debt settlement terms with its debtors, including out-of-court settlements and legal action in respect of loans worth USD 166,921,833 and IDR 148,679,700,000. (2008)
  • Represented and advised Malaysian state-owned energy group Petronas in reporting a case of suspected fraud to the Police. (2008)
  • Represented Petronas as claimant in arbitration proceedings before the Indonesian National Arbitration Board in Jakarta arising from a failure to follow through on a land deal. The panel of arbitrators found that the respondent was in breach of contract, and ordered it to refund all monies that had been paid by Petronas in connection with the deal. (2008).
Memberships / Directorships
  • Member of the Indonesian Bar Association (Peradi)
  • Certified as accredited mediator by the Pusat Mediasi Nasional (National Mediation Center / PMN) in Jakarta
  • Certified as accredited mediator by the Centre for Effective Dispute Resolution / CEDR (London)..
Publications
  • Contributors to the Indonesia chapter of ASEAN Competition Law, published by Rajah & Tann LLP, Singapore, and LexisNexis in 2011