The breadth of legal talent available throughout Southeast Asia is impressive. All this talent is in full display in ALB Southeast Asia’s Top 15 Litigators 2023 ranking, which include entries from seven countries across the region.
Can you share some of your most notable practice highlights from the past year? What were some of the key cases or achievements that stood out for you as a litigator?
Almost all are notable, each is unique and memorable. But if I must choose, perhaps there are two.
The first case involved an out-of-court settlement process arising out of a mineral commodity trade. We represented an Indonesian conglomerate against a Chinese mining company. The value of the minerals was a few million dollars and I had to travel to China where the mineral was held in order to successfully negotiate the settlement. There was a deadlock for more than six months before my involvement. While the contract contained a dispute resolution clause, the counterparty simply avoided the clause and demanded us to settle according to their terms.
The successful settlement required more than “just” legal prowess; it required sound strategic and commercial considerations and robust negotiation skills. My client eventually obtained the payment and slept soundly afterwards.
The second case was the opposite of the first one. We represented a well-known foreign securities company in Indonesia in the biggest consolidated “mass” arbitration before the Financial Services Sector Alternative Dispute Resolution Institution or LAPS SJK. The client was sued by more than 30 retail customers, on the basis of more than 70 contracts, claiming more than USD 11 million in damages (one of the highest-valued cases handled by LAPS SJK). The case required in-depth analysis of technical capital market regulations as well as the very foundations of contract law; it even had aspects of fraud and forensics!
The award ultimately sided with us, dismissing 95% of the claim.
What guiding principles or strategies do you employ in the courtroom to effectively represent your clients and navigate the intricacies of the legal system?
From my experience, we ought not to limit our strategies to courtroom advocacy only. Nowadays, people get very creative. One issue may end up simultaneously before the civil court, bankruptcy court, arbitral tribunal, and even the police. We must always be two steps ahead on all, all the time. Two of most the important principles are “start from the end” and be prudent and pragmatic at the same time. The end goal will determine the strategy we design. Once it is determined, its execution must be done with prudence and pragmatism.
What have been some of the evolving trends and developments in the litigation space in your jurisdiction? How do you stay ahead and ensure success for your clients?
To build on what I answered for the second question, the trend is for people to use every avenue they can to achieve their goals. Therefore, prior to litigating a case, we always prepare a case assessment to know, among other things, the client’s position and determine the strategy going forward. Assessment and execution must always go hand in hand.
