Affidavit of Witnesses and Experts in Indonesian Arbitration Practice
While Indonesian law does not recognise the concept of affidavits, in practice, it is common for arbitrators to request witnesses and experts to submit affidavits before their examination in the hearing. This concept stems from international arbitration practice as reflected in the IBA Rules on the taking of Evidence in International Arbitration (IBA Rules). However, there are some things that the disputing parties need to be aware of to ensure that the submitted affidavits are given the appropriate weight. These include:
- Format – while there is no legal basis that regulates the format of the affidavit, the most popular format used in an Indonesian arbitration is a Q&A format.
- Content – the affidavit should address, with specific details, key information, statements, or opinions of the expert or witness.
- Structure – information should be arranged in a coherent manner, containing background of the expert/witness’ standing, qualifications, experience.
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Please note that whilst the information in this Update is correct to the best of our knowledge and belief at the time of writing, it is only intended to provide a general guide to the subject matter and should not be treated as a substitute for specific professional advice
