YSIAC Newsletter Issue 27 - September 2021 | Interview With Prof. Dr. Frans H. Winarta
1. What made you decide to enter the world of lawyering as well as arbitration?
I was interested in being a lawyer since junior high, after watching the film To Kill a Mockingbird starring Gregory Peck in the '60s. My struggle to become a lawyer was tough with many obstacles until finally in 1981, I was able to set up my own law office. As for arbitration, my senior, Harjono Tjitrosoebono, invited me to become an arbitrator like him. He introduced me to Priyatna Abdurrasjid. Then in 1998 I became an arbitrator at BANI up to now. On the other hand, I have also become an arbitrator in arbitration institutions such as International Chamber of Commerce (ICC), Singapore International Arbitration Centre (SIAC), Arbitrators of the Asian International Arbitration Centre (AIAC, formerly Kuala Lumpur Regional Centre, Pacific International Arbitration Centre (PIAC), Centre for Arbitration & Consultancy Development (CACD), Korean Commercial Arbitration Board (KCAB), Beihai Asia International Arbitration Centre (BAIAC), London Court of International Arbitration (LCIA), under various arbitration rules.
2. What is the most memorable experience as an arbitrator in either domestic or international arbitration or the most interesting arbitration case?
There is one story from my various experiences as an arbitrator. Several years ago I handled a business dispute as an arbitrator. While having lunch with my colleague, an arbitrator from the UK, my colleague told me that he was approached by one of the disputing parties who happened to be the disputing party from Indonesia. I immediately suggested that he not talk to the party and stay away from them. Then I explained to my fellow arbitrator that ironically such things were commonplace in Indonesia. The important thing was that I recommended that he not talk to the party who was currently resolving their dispute in the arbitration proceedings. My colleague shared his experience of being approached by the disputing party in quite a surprised tone because he had never faced anything like this before.
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