Impavida

Arbitration offers companies a private, quick way to settle contractual disputes. Impavida has wide experience in complex arbitration both for domestic and international arbitration proceedings. We have advised and represented multinational and domestic companies to assist in arbitration proceedings related to the areas of acquisition, construction and distribution.

Bankruptcy is the general statutory attachment of all debtor’s assets established by a declaration of bankruptcy by the Commercial Court, whereby such assets are placed under the management of a receiver, as supervised by a supervisory judge, for the benefit of the debtor’s creditors. Proceedings are initiated by court registration of a filed petition to the Commercial Court. Impavida has the experience in handling bankruptcy cases throughout the Commercial Courts in Indonesia. In addition to handling Bankruptcy matters, Impavida also has the experience in representing both creditors and debtors with respect to Suspension of Debt Payment Obligations proceedings before the Commercial Courts in Indonesia.

Criminal proceedings which are complex and often lengthy procedures are the basic structure of any court trial. This standardized series of events helps ensure fairness and efficiency for all involved, a wrongful conviction is a miscarriage of justice arising from a criminal proceeding. Impavida has wide experience is assisting and representing clients before the police, district attorney and/or the relevant district court for any criminal actions being alleged to clients.

Impavida has wide experience in the litigation process relating to alleged violation of competition law case before Business Competition Supervisory Commission (Komisi Pengawas Persaingan Usaha/ “KPPU”). Impavida would provide significant role and develop appropriate strategies towards client’s interest with respect to the anti-monopoly dispute with the objective to minimize client’s risks in all level of investigations at KPPU.

A constitutional complaint can be filed by an individual or legal entity who claims that a decision by a public authority that has entered into legal effect caused damage to the claimant’s fundamental constitutional rights. Impavida has the experience in assisting client in defending its fundamental rights before the Constitutional Court.

Impavida has wide experience with assisting clients related to commercial litigation within the scope of civil proceedings that delineate private rights and remedies, and govern disputes between individuals and/or entities in areas such as contracts, property and land dispute, family law, inheritance, marital, divorce. Impavida shall assist and represent the client in any court within the jurisdictions of Indonesia to settle any civil proceedings involving the client and to resolve any issues by emphasizing the client’s interest.

Industrial Relations Dispute is a difference of opinion resulting in a dispute between employers or an association of employers with employees/laborers or trade unions due to a disagreement on rights, conflicting interests, a dispute over termination of employment, or a dispute among trade unions within one company, including dispute over rights, dispute over interest, dispute over termination of employment and dispute among trade unions is dispute between one trade union and another trade union within one company. Impavida shall represent the client, whether from the employers perspective or the employees perspective before the Industrial Court due to any issue related to conflict/ and or dispute arise between employers and employees.

The Commercial Court deals with complex cases arising out of business disputes, both for national and international companies, specifically the Commercial Court is tasked to handle any Intellectual Property Rights dispute. Impavida has the experience in assisting client for any Intellectual Property Rights disputes and to protect our client’s interest from any infringement actions and/ or allegation and any measures related thereof.

State Administrative Court is a court specializing in administrative law, particularly disputes concerning the exercise of public power. Their role is to ascertain that official acts are consistent with the law. The administrative acts are recognized from the hallmark that they become binding without the consent of the other involved parties. Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Impavida has the experience in handling cases to represent client before the State Administrative Court for any dispute due to the inconsistency of the government in issuing their respective product.

Impavida shall assist foreign and domestic investors in developing and implementing investment strategies in all areas of the commercial economy to achieve their business objectives in Indonesia given each client’s unique set of investment criteria. Impavida also assists clients devise and implement various alternatives to direct foreign investment, such as the establishment of representative offices and technical assistance, management, licensing, franchising and distribution agreements.

Impavida shall assist clients to establish and implement the internal policies necessary to ensure compliance with on-going regulatory requirements applicable to Indonesian companies. We adjust our role to suit each client’s individual needs to achieve good, transparent corporate governance. We are prepared to act as a corporate secretary including but not limited to provide assistance with respect to corporate record keeping and reporting requirements, shareholder meetings and other corporate matters as well as to complete and file the various reports companies are obligated to prepare under Indonesian law.

Impavida has wide experience in assisting clients on debt and corporate restructuring outside of the court, by providing advice and recapitalization and/or rescue schemes that may be deemed necessary and provide necessary agreements for the interest of the client.

Impavida has experience in assisting numerous clients related to its mining and energy business activities in Indonesia. We provide advice and assistance to mining companies related to various legal issues on mining concession and licenses, including but not limited to the preparation and negotiation of agreements with third parties during its exploration and/or operational production stage.

Impavida has wide experience assisting clients in share and asset acquisition transactions, mergers and reorganizations. Impavida advises on the various regulations and procedures involved to ensure regulatory compliance and attends to all related due diligence and document preparation for the interest of the client.

Impavida has assisted clients from foreign investors, multinational companies and individuals in the plantation and forestry sectors for conduction coordination with relevant agencies in determining the investment scheme options and arrange the necessary operational aspects for the interest of the client.

Impavida has wide experience in negotiating and drafting types of construction contracts for clients acting as developers on several types of real estate development. We also have experience in assisting clients securing land title on real estate for plants, offices and residences. We provide advice and assistance to clients in drafting commercial lease, hotel and apartment development and management contracts.