Ms. Ulyarta Naibaho
Ulyarta (Uly) joined ABNR as a senior associate in February 2013 and was made partner on 1 January 2018. Prior to joining the firm, Uly worked with some other prominent Indonesian law firms and as an in-house counsel with a number of multinational companies. A 2003 graduate of the University of Indonesia’s Faculty of Law, where she majored in legal practice, Uly earned an LL.M degree in mineral law & policy from the University of Dundee in Scotland in 2010.
Uly’s principal focus areas are arbitration & ADR, commercial and shipping litigation, civil disputes, anti-corruption, legal compliance, general corporate & FDI, mining, and environment law.
Representative Work Highlights 2017-2018
- Acting for Marubeni Corporation, Japan Bank for International Cooperation (JBIC) and other lenders to PT Cirebon Electric Power and PT Cirebon Energi Prasarana (the companies developing the Cirebon Expansion Power Plant) in relation to ongoing endeavors to protect the lenders’ project assets following a Supreme Court order directing Marubeni Corporation and certain other parties to pay USD 514 million in damages to a number of plaintiffs in connection with a series of unrelated disputes dating back to the Indonesian financial crisis of 1997/98 (ongoing);
- Acting for Japan Bank for International Cooperation (JBIC) and Nippon Export and Investment Insurance (NEXI) as parties to an Administrative Court challenge filed by local community groups and NGOs against the Environmental Permit granted to PT Cirebon Energy Prasarana, the developer of the Cirebon Expansion Power Plant Project, which is partly financed by JBIC and NEXI (ongoing);
- Acting for Japan Bank for International Cooperation (JBIC) in relation to a dispute over the ownership of lands acquired for the USD 4 billion Batang power plant project, which is being developed by PT Bhimasena Power Indonesia. The project is partly financed by JBIC (ongoing);
- Acting for Indonesian subsidiary of Detmold Group, PT D&D Packaging Indonesia, as (i) Plaintiff in its ongoing breach of contract action against PT Sarana Mitra Luas (SML) and as (ii) Defendant in a related tort action brought by SML against DPI. The dispute arose out of a forklift leasing agreement, under which SML supplied defective forklifts as a result of which Client terminated the agreement and claimed damages against SML for breach of contract and certain other relief. SML then responded by bringing a tort claim against Client in another court (ongoing);
- Assisting the Indonesian subsidiary of transnational oilfield services company, with their dispute at BANI and with the enforcement of its BANI arbitration award for breach of contract against a partner under a technical assistance contract involving an Indonesian state-owned oil company;.
- Acting for Mediterranea di Navigazione S.P.A., an Italy-based shipping company, as (i) Petitioner in an action in the Central Jakarta District Court to seek the enforcement of arbitration awards for USD 17.65 million against PT PAL Indonesia (Persero) (“PAL”), an Indonesian state-owned shipbuilder; and as (ii) Respondent in an action in the same court brought by PAL to have the two awards annulled (ongoing);
- Successfully acted for Current Finance Ltd (CFL), a Hong Kong-based financing company, in its District Court action to enforce a debt-to-equity conversion arising out of a failure to settle promissory notes by an Indonesian freight-forwarding company;
- Successfully defended PT IMCD Indonesia (IMCD) in the District Court against an action for USD 4.1 million in damages for alleged breach of contract. The action was brought by PT Behn Meyer Chemical, the Indonesian subsidiary of Germany-based Behn Meyer Group;
- Successfully represented, a joint venture company mainly owned by a Malaysia-based infrastructure company, as claimant in an ad hoc arbitration process under UNCITRAL rules against the subsidiary of the largest steel manufacturer owned by the Indonesian Government as the respondent. The dispute arose out of a BOT-model agreement for the development and operation on a coal terminal. The arbitration panel ordered the respondent to compensate the claimant for the depreciated cost of claimant’s investment in the terminal in the amount of approximately USD 19,7 million.
- Acted for an Indonesian subsidiary of the world’s largest food and beverages company based in Switzerland in a BANI (Indonesian National Arbitration Center) arbitration process brought against them by an Australian-based electrical and engineering contractor in relation to a dispute over mechanical, electrical and plumbing works
- Acted for a major Japan-based financial services provider in relation to its internal investigation into suspected fraud at its Indonesian subsidiary, its imposition of disciplinary measures against a number of directors and a subsequent dispute that ended up in the Industrial Relations Court (matter details confidential);
- Represented International Finance Corporation (“IFC”) in a dispute over a plot of land pledged as security by PT Panca Amara Utama (“PAU”) for a loan facility it received from IFC to finance the development of PAU’s new ammonium plant in Central Sulawesi province;
- Advised the Indonesian subsidiaries of one of the world’s leading advertising agencies on its disputes with employees in connection with various suspected frauds (matter details confidential).
PERADI (Indonesian Advocates Association)