Simon Barrie Sasmoyo

Simon graduated from the University of Indonesia with a bachelor of law degree in 2010. Prior to joining Assegaf Hamzah & Partners, he served as an associate at another premier Jakarta law firm, where he focused his practice on dispute resolution.

Simon has extensive experience in both commercial arbitration and litigation. In the arbitration field, he is currently involved in proceedings before the Singapore International Arbitration Center (SIAC) arising out of a breach of contract between an Indonesian-owned energy company and Indonesian-owned consultancy company. Prior to this, he represented an Indonesian energy company in proceedings before SIAC, and was also involved in arbitration proceedings before the Hong Kong International Arbitration Centre (HKIAC). In Indonesia, he has appeared in a number of cases before the Indonesian National Arbitration Board (BANI).

In the litigation arena, Simon regularly works on both commercial and criminal matters spanning the entire range of practice areas. He has also amassed considerable experience in the rapidly emerging field of competition law, including serving on the team that represented oil and gas firm PT Gita Persada in its appeal to the District Court against a finding by the competition authority (KPPU) that it was involved in collusive tendering.

Additionally, Simon co-authored the Indonesian chapter of Asia Arbitration Guide 2011 (2nd ed., Respondek & Fan), and has assisted in the writing of a number of scholarly articles on arbitration that appeared in international publications.

While at college, Simon played a prominent role in student activities and organizations, representing both Indonesia and his university in international law competitions, such as the Asia Cup International Law Moot Court in Tokyo, Japan (2007), the ICRC International Humanitarian Law Moot Court in Hong Kong (2008), and the Willem C. Vis International Commercial Arbitration Moot in Vienna, Austria (2009 and 2010). He still tutors law students taking part in both national and international mooting competitions.

An avid sportsman and accomplished soccer player and swimmer, Simon readily admits he is at his most relaxed when listening to rock n roll.
 

Qualifications

• S.H, University of Indonesia 2010
• L.LM, Berkeley Law, University of California 2015
   

Memberships / Directorships

• Licensed to practice law as an advocate by the Indonesian Bar Association (Peradi)
   

Publication

• 2012 Doing Business in Indonesia co-published by World Bank and theInternational Finance Corporation (IFC);
• 2011 Asia Arbitration Guide published by Respondek and Fann Pte Ltd;
• International Handbook on Commercial Arbitration by International Council for Commercial Arbitration (ICCA).
   

Notable Cases & Transactions

Arbitration

• Defending PT. Krakatau Bandar Samudera against a claim arising from port cooperation agreement before an ad hoc UNCITRAL Arbitration tribunal;
• Representing Indonesian State Owned Enterprise, PT. Pertamina (Persero), in oil & gas and investment case before SIAC;
• Defending Star Energy (Kakap) Ltd in oil & gas dispute before SIAC;
• Representing Indonesian Equestrian Association in Olympic organizational dispute before Indonesian Sport Arbitration Body;
• Representing Indonesian Equestrian Association in Olympic organizational dispute before Court of Arbitration for Sport (CAS);
• Assisting an arbitral tribunal in a domain name dispute before Hong Kong International Arbitration Centre (HKIAC);
• Defending PT Petronas Niaga Indonesia in an oil investment dispute before Indonesian National Board of Arbitration (BANI);
• Representing FICO Corporation Co. Ltd., in a coal sale and purchase contractdispute before BANI;
• Representing Mining Resources Pte. Ltd., in a coal sale and purchase contract dispute before BANI;
• Representing Kin Rich International Enterprises Limited in an agency dispute before BANI;
• Representing PT Indosat Tbk in a software dispute before BANI;
• Representing PT. Jasa Marga (Persero) Tbk in a public infrastructure construction dispute before BANI;
• Representing PT. Mass Rapid Transit Jakarta in a public infrastructure construction dispute, before Dispute Adjudication Board;
• Assisting senior attorneys in respect of their expert opinions before foreign courts and arbitrations;
• Representing national and international corporations in respect of enforcements of national and international arbitration awards.
   

Commercial Litigation, Bankruptcy & Others

• Defending BluTether Limited against an annulment claim in relation to language law, before Indonesian District Court;
• Representing PT. CCIC Jakarta in a coal trading contract dispute, before Indonesian District Court;
• Representing Sumitomo Trust Banking Co. Ltd in a loan agreement dispute, before Indonesian District Court;
• Representing PT. (Persero) Garuda Indonesia in an airplane lease dispute, before Indonesian Supreme Court;
• Representing PT. Garuda Indonesia in a consumer protection dispute, before Indonesian District Court and Supreme Court;
• Representing Vietnam Airlines Corporation in a consumer protection dispute, before Indonesian civil court;
• Representing PT. MNK in Suspension of Debt Payment Obligation proceedings, before Indonesian Commercial Court;
• Advising PT. Natarang Mining and Kingsrose Mining group in Suspension of Debt Payment Obligation matter;
• Representing PT. Trimas Mulia in bankruptcy case before Indonesian Commercial Court;
• Assisting an Australian coal trading company, in criminal proceedings at Indonesian national police office concerning fraud, embezzlement, and forgery of coal certification from an independent surveyor;
• Assisting PT. Holcim Indonesia Tbk and its group in the implementation of anti-corruption compliance.
   

Fair Competition Proceedings

• Defending Ministry of Trade and Foreign Directorate General of Republic of Indonesia before Commission for the Supervision of Business Competition (KPPU) and Indonesian District Court in relation to allegation of garlic cartel;
• Representing PT. Perusahaan Gas Negara, Tbk in fair competition proceedings before KPPU in relation to case concerning abuse of dominant position of gas pipeline;
• Representing PT. Goodyear Indonesia in fair competition proceedings concerning tire cartel case before KPPU;
• Representing PT. Gita Persada in fair competition proceedings concerning allegation of tender collusion case before KPPU;
• Representing PT. Sumber Alfaria Trijaya Tbk in fair competition compliance proceedings before KPPU;
• Representing Gallant Venture Pte. Ltd. in fair competition compliance proceedings before KPPU;
• Representing PT. XL Axiata Tbk in fair competition compliance proceedings before KPPU;
• Representing Wilmar group in fair competition compliance proceedings before KPPU;
• Advising international corporations for internal fair competition compliance.
• Special Government Projects
• Representing Indonesian Deposit Insurance Corporation (Lembaga Penjamin Simpanan) on Judicial Review against Indonesian Deposit Insurance Corporation Act, before Indonesian Constitutional Court;
• Defending Government of DKI Jakarta on the allegation of corruption in Sumber Waras Hospital case;
• Defending Government of DKI Jakarta in relation to public infrastructure dispute, particularly on waste management;
• Assisting Chief Committee on Settlement of Debt from Indonesian Bank Restructuring Agency, formed by Ministry of Finance of Republic of Indonesia as directed by President of Republic of Indonesia;
• Defending Oversight Committee of Indonesian State Owned Enterprise, PT. Pelabuhan Indonesia II, in public hearing before Indonesian House of Representative;
• Advising State Owned Enterprise in port transaction, PT. Pelabuhan Indonesia III;
• Advising Special Task Force for Upstream Oil and Gas Business Activities (SKK Migas) on anti-corruption compliance program.