Eri Hertiawan is a seasoned litigator with a wealth of experience in diverse legal domains including commercial disputes, alternative dispute resolution, aviation law, and shipping law.
His professional expertise is underlined by his certification as an accredited mediator by both the National Mediation Centre (Pusat Mediasi Nasional) in Indonesia and the Centre for Effective Dispute Resolution (CEDR) in the United Kingdom.
Functioning as a comprehensive litigator, Eri is regularly engaged in high-profile cases encompassing tort, corporate/banking, antitrust, and criminal matters. His exceptional proficiency and proven track record in the realm of arbitration further solidify his reputation. Eri is a frequent presence before the Indonesian National Arbitration Board (BANI) and various alternative dispute resolution forums.
Beyond his expansive involvement in commercial litigation, Eri has particularly distinguished himself in disputes involving esteemed airline clients. Throughout his career, he has represented prominent aviation entities such as the Indonesian national flag carrier, Garuda Indonesia, as well as Air Asia and Garmin. These representations encompass a wide array of issues, ranging from tort actions initiated by passengers to contract breach disputes and allegations of cartel activities brought forward by the Indonesian Competition Commission (KPPU).
Eri’s professional accomplishments have garnered consistent recognition from esteemed legal publications. His contributions have been acknowledged in prominent industry benchmarks such as Legal 500, Chambers Global/Asia Pacific, Asialaw Profiles, and Benchmark Litigation. This multifaceted recognition underscores Eri’s position as a legal practitioner of exceptional competence and noteworthy achievements.
EXPERIENCE
- Successfully defenced PT Vale Indonesia Tbk in a breach of contract lawsuit against PT Lusiana Group Indonesia before the District Court of Palopo.
- Representing PT Garuda Indonesia (Persero) Tbk. in a lawsuit against Rolls Royce Plc and its subsidiary.
- Successfully defended PT Tokopedia in a civil lawsuit regarding data privacy and consumer protection.
- Successfully defended PT Coca-Cola Bottling Indonesia (CCBI) and one of its executives in the District Court and High Court against charges that they had caused pollution and extracted water without a license. In fact, the extraction license was in process of renewal at the time when the charges were laid. The prosecution subsequently appealed to the Supreme Court, which ultimately found in CCBI’s favour and dismissed the prosecution’s claims.
- Representing a state-owned company which is engaged in electricity industry in an arbitration that is related with the termination of a power purchase agreement under UNCITRAL Rules.
- Representing a state-owned company which is engaged in construction industry in the dispute concerning construction project in BANI.
- Representing a state-owned company which is engaged in oil industry the dispute concerning oil and gas investment in SIAC.
- Represented Garuda Indonesia in the Central Jakarta District Court and the Supreme Court in relation to KPPU’s allegation of cartel on fuel surcharge.
- Represented the former director of PT Pupuk Kalimantan Timur as the accused in a corruption case in the Bontang District Court and the Supreme Court in relation to the repair and purchase of a gas turbine generator.
- Represented PT Elang Mahkota Teknologi Tbk., the owner of SCTV, a national TV station in Indonesia, in submitting a compulsory notification to KPPU regarding the acquisition of shares in PT Indosiar Karya Media Tbk.
- Represented PT Metrotech Jaya Komunika in relation to a merger review and investigation by KPPU regarding the acquisition of Affinity Group by Spice i2i.
MEMBERSHIPS / DIRECTORSHIPS
- Member, Chartered Institute of Arbitrators
- Member, SIAC Court of Arbitration (SIAC Court)
- Member, SIAC Users Council
- Member, National Mediation Centre (Pusat Mediasi Nasional)
- Member, Centre for Effective Dispute Resolution (CEDR)
- Appointed as an authorised translator by the Governor of Jakarta
- Member, Centre for Effective Dispute Resolution, London.
- Passed the exam as arbiter hold by Indonesia Arbitrators Institute (IArbI), Jakarta, Indonesia.
PUBLICATIONS
- Co-author, International Comparative guide on Litigation, published by the In-house Lawyer, 2019
- Author, Indonesian section for The Aviation Law Review – Edition 3-7, published in 2015 to 2019.
- Author, Indonesian section for Aviation Liability: Getting the Deal Through, 1st – 3rd edition, published by Law Business Research Ltd in 2017-2019.
- Selected to pen the chapter on Indonesia in the seminal reference work, ASEAN Competition Law, published by Rajah & Tann LLP, Singapore, and LexisNexis in 2011.