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The International Arbitration Agreement serves as a crucial legal instrument for businesses engaging in cross-border transactions involving Indonesian parties or interests. This document becomes essential when parties wish to establish a neutral, efficient, and internationally recognized dispute resolution mechanism while maintaining compliance with Indonesian law. The agreement typically accompanies major commercial contracts and provides detailed procedures for arbitration, incorporating both Indonesian legal requirements (particularly Law No. 30 of 1999) and international best practices. It addresses key aspects such as the arbitration seat, applicable rules, arbitrator selection, and enforcement mechanisms, while ensuring compatibility with both Indonesian courts and international arbitration institutions. This type of agreement is particularly valuable for foreign investors, multinational corporations, and Indonesian companies engaged in international trade, as it provides legal certainty and a clear framework for resolving potential disputes outside the traditional court system.

1. Parties: Identification and details of all parties entering into the arbitration agreement, including their full legal names, registration numbers, and addresses

2. Background: Context of the agreement, including reference to the underlying commercial relationship or main contract

3. Definitions: Definitions of key terms used throughout the agreement, including technical and legal terminology

4. Agreement to Arbitrate: Core provision establishing parties' consent to resolve disputes through arbitration and waiver of court jurisdiction

5. Scope of Arbitration: Specific types of disputes covered by the arbitration agreement, including any exclusions

6. Arbitration Rules: Designation of the applicable arbitration rules (e.g., BANI, ICC, SIAC) and any modifications

7. Seat of Arbitration: Specification of the legal seat of arbitration and its governing law

8. Language of Arbitration: Official language(s) for the arbitration proceedings and documentation

9. Number and Appointment of Arbitrators: Process for selecting arbitrators and determining the tribunal's composition

10. Confidentiality: Obligations regarding confidentiality of the arbitration proceedings and related documents

11. Interim Measures: Provisions for emergency relief and interim measures before or during arbitration

12. Costs: Allocation of arbitration costs, including tribunal fees and party expenses

13. Award: Requirements for the arbitral award and its binding nature on parties

14. Governing Law: Clear statement that Indonesian law governs the arbitration agreement

15. Notices: Procedures for serving notices and communications between parties

16. Execution: Signature blocks and execution formalities