Legal Practice Notes

Informal creditors' committees In numerous restructurings, creditors often convene informal (ad hoc or unofficial) committees instead of formal ones (see Practice Note: Formal creditors' committee in a restructuring), which can significantly support discussions between the debtor company and its creditors. Since the 2007/8 credit crunch, the emergence of alternative finance providers, such as hedge funds and other investors, has amplified the influence of these informal groups. Typically assembled by bondholders, noteholders or unsecured creditors, they are playing a bigger part in the current surge of informal liability management exercises ( LMEs) (see Practice Note: FAQs on Liability Management Exercises). There are no statutory provisions or best practice standards governing how such committees are set up, and their make-up and operation are even more flexible than for formal committees. Informal committees possess no defined powers, and their members owe no fiduciary...

This Practice Note is designed for lawyers beginning their careers in-house. It outlines what ‘influencing’ entails and showcases its constructive value in the workplace. It also explains why influencing matters and identifies who we ought to influence. For additional support on enhancing your influencing capability, see Practice Note: Developing your influencing skills. What is influencing? Influencing is a broad concept, and covers: ensuring sound decisions are taken—and steering clear of poor choices acting as a trusted adviser across the organisation, with operational risk front of mind, keeping everyone aligned tapping into the influence others hold within the organisation—for the organisation’s benefit shifting towards ‘soft power’—moving away from carrot-and-stick (inducements and threats) to motivating others to want the outcomes you want, with co‑option preferred over coercion demonstrating ‘emotional intelligence’, not merely technical skill It is worth dispelling a couple of myths at this point. To some, influencing appears to be ‘playing...

This Practice Note reviews the abilities required to influence well and gives practical direction on how to practise your influencing skills. For additional insight into the value of influencing, and why and whom we need to influence, see Practice Note: What do we mean by influencing? Influencing tactics Influencing is a continuing journey rather than a single event, and it often calls for a mix of approaches. Below are tactics you can draw on in everyday work. Consider which you already employ and feel confident with, and which you might currently shy away from and could strengthen further. Legitimising and logical persuasion This frequently feels natural for lawyers. Here, you rely on your inherent authority as legal professionals and the standing that accompanies it to convey a legitimacy your colleagues can acknowledge. You can reinforce this by using logic or proof to support your stance. Evidence and facts,...

This Practice Note is intended chiefly for brands looking to work with social media influencers (or other talent) on social promotions and advertising in the Netherlands. It also serves influencers and brand owners involved in advertising. It outlines the principal rules, codes and guidance, labelling and disclosure obligations, together with sanctions and oversight where disclosure is insufficient. It additionally addresses subsistence of copyright in sponsored material and key terms commonly found in the relevant agreements. Influencer endorsement—key regulations, codes and guidelines In broad terms, influencer endorsement is a marketing practice by an advertiser designed to prompt influencers to speak about a product or brand, at times following specific instructions from the advertiser. The influencer receives consideration for this activity, whether as payment or benefits in kind (for example, discounts or free products or services). A recurring difficulty is separating advertising (to which...

This Practice Note This Practice Note sets out the common during-employment restrictions and express clauses used to protect an employer’s interests: limits on involvement in other business activities, steps taken towards competitive undertakings, and obligations regarding the handling of confidential information while employed. It also examines further express provisions an employer may wish to include in the employment contract: a duty to act in the employer’s best interests, requirements to disclose breaches by the employee or others, dealing with approaches from alternative employers, and any intention to resign. Finally, it considers the enforceability of these restrictions. Employees are also subject to certain implied duties throughout their employment. The scope of those duties varies with seniority and whether the individual owes only a duty of fidelity or a more exacting fiduciary duty (see Practice Note: The duty of fidelity and fiduciary...

ARCHIVED: This Practice Note has been archived and is not maintained. From January 1973 until May 2025, Michael Rubenstein penned a ' Highlights' preface for each issue of the Industrial Relations Law Reports ( IRLR) published that month......

CASE HUB ARCHIVED This archived case hub reflects the position at the date of the judgment of 19 June 2014; it is no longer maintained. Case facts Outline Appeal lodged by FLS Plast A/ S challenging the General Court’s ruling that rejected Plast’s action for partial annulment of the Commission decision of 30 November 2005, which imposed a fine on its parent, FLSmidth, and on Plast, for their involvement in a cartel concerning the supply of industrial plastic bags in the EEA (“ Industrial bags cartel”). The appeal addresses, among other issues, attribution of a subsidiary’s unlawful conduct to its parent and matters relating to the allegedly excessive duration of contentious proceedings before the Courts and the consequences thereof. Parties Appellant: FLS Plast A/ S ( Plast) Other party: European Commission FLSmidth & Co A/ S ( FLSmidth) is a Danish company and the parent company of a group...

This Practice Note offers an overview of industrial action, covering what it is, picketing, the right to take industrial action, unlawful forms of industrial action, balloting for, and employer notification of, industrial action, and trade union liability. It also provides guidance on industrial action for employers and for employees. What is industrial action? Industrial action occurs when workers act together (ie collectively) against their employer because of a workplace dispute. It may take the form of a strike—which section 246 of the Trade Union and Labour Relations ( Consolidation) Act 1992 ( TULR( C) A 1992) generally defines as ‘any concerted stoppage of work’—but can also involve measures short of a total stoppage, such as: a ‘go-slow’ (ie workers take longer than usual to finish tasks) work-to-rule (ie workers do only what their contract requires and no more) an overtime ban (ie no...

This Practice Note This Practice Note sets out the extent of any ‘right’ to engage in industrial action and the restrictions on that right, arising both under common law and through statutory rules. It reflects the present position, and addresses: an outline of the legal framework governing the right to take industrial action, and expected developments in the law taking industrial action to settle a dispute common law liability linked to industrial action statutory immunity from liability what constitutes action taken in contemplation or furtherance of a trade dispute whether individual workers are protected from detriment or dismissal for planning or taking part in industrial action workers who are not entitled to strike the use of replacement labour during industrial action, and changes to industrial action law proposed by the Employment Rights Act...

Practice Note This Practice Note examines forms of industrial action that sit beyond the shelter from tort claims afforded by statutory immunities: secondary action (sympathy strikes), steps to compel union membership or secure recognition, and measures taken in response to the dismissal of unofficial strikers. As a matter of common law, industrial action is generally unlawful in principle. A trade union that calls such action will typically commit one or more of the so‑called economic or industrial torts. Individuals taking part in action are frequently in breach of their contracts of employment. Nevertheless, legislation intervenes to confer immunity from tortious liability on a trade union organising industrial action, though that safeguard is hedged about by extensive and intricate statutory regulation......

This Practice Note This Practice Note offers practical direction on multiple facets of industrial action from an employer’s standpoint. It explains what industrial action entails and outlines the constraints on the right to take such action. It identifies responses an employer might deploy when action arises, distinguishes between protected, official and unofficial action, and highlights the implications of the Employment Rights Act 2025 ( ERA 2025) changes. It also sets out options available when action is taken or anticipated by workers... It addresses settling the core dispute via conciliation, and preparing contingency measures to lessen disruption, which may include, in certain sectors, withholding pay from participants. It also describes when an employer can seek injunctive relief and recover damages. Further, it examines whether employers may lawfully dismiss staff involved, or impose measures short of dismissal, where statutory protection against detriment might not apply. A range of...

Statutory balloting and notice requirements This Practice Note sets out the statutory balloting and notice rules a trade union must meet to obtain immunity from tortious liability for industrial action (such as a strike or action short of a strike) the appointment of a suitably qualified, independent scrutineer for ballots requirements for voting papers electronic balloting (e-balloting) ballot turnout and support thresholds the obligation to notify members of the outcome It also addresses balloting obligations following the Employment Rights Act 2025 ( ERA 2025), effective from 18 February 2026, and, in light of international labour standards and ILO Convention 87, sets out the requirements for calling industrial action and the notices unions must serve on employers to retain statutory immunity At common law, industrial action is generally unlawful. A union that organises such action will typically commit one or more of the...

This Practice Note examines the need for the representor to have both intended and in fact caused the representee, through their misrepresentation, to enter into the contract. For guidance on the remaining core components of an actionable misrepresentation, refer to the following Practice Notes: Misrepresentation—what statements can found a claim? Misrepresentation—falsity (fraudulent, innocent or negligent misrepresentation) The main elements of inducement in misrepresentation claims The claimant must be able to demonstrate that the representation led them to enter into the contract......

NOTE—to check whether notification thresholds in Indonesia and throughout the world are satisfied, see: Where to Notify. 1. Have there been any recent developments regarding the Indonesian merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Indonesia? The Commission for the Supervision of Business Competition ( KPPU) has issued a fresh merger control framework via KPPU Regulation No. 3 of 2023 on the Assessment of Mergers, Consolidations, or Acquisitions of Shares and/or Assets that May Result Monopolistic Practices and/or Unfair Business Competition (2023 Merger Regulation). Taking effect on 31 March 2023, it repealed the 2019 merger regulation. It introduces several noteworthy changes to Indonesia’s merger control regime, outlined below. Mandatory notification criteria The 2023 Merger Regulation replaces the former worldwide asset threshold with an Indonesian asset threshold. Accordingly, only assets situated within...

Updated in March 2025 Introduction The Republic of Indonesia, home to an estimated 285.7 million people in 2025, continues to be Southeast Asia’s biggest economy and a major presence in the global economic arena. As worldwide focus shifts further towards Asia, Indonesia’s position as a prominent destination for trade and investment is unmistakable. As an ASEAN member, it benefits from the bloc’s resolve to widen and deepen collaboration among member states to establish a free trade zone, evidenced by the rapid enactment and development of the ASEAN Economic Community. Indonesia is the only Southeast Asian nation within the G20, the forum of the world’s wealthiest nations. The country’s abundant natural resources underpin its prosperity, with significant revenues derived from petroleum, natural gas, and other mining activities. Agriculture also remains a vital component of the economy. By 2030, Indonesia is forecast to be among the world’s top ten...

Note: the following cases are not reported by Lexis Nexis®. This Practice Note was prepared by Nico A Mooduto, Partner, SSEK Law Firm, Indonesia. Introduction Interim relief, encompassing tools like freezing orders or injunctions, plays a crucial role in any dispute because it seeks to avert irreparable loss and empty victories. In Indonesia, such remedies are equally significant and potentially valuable, yet they are infrequently pursued and applied. This is not due to an absence of doctrinal footing; indeed, a legal framework exists. Nevertheless, in real-world application their use remains scarce and, to some observers, opaque. Encouragingly, recent years have brought promising developments that should help shape the practice going forward. This practice note aims to offer insight into Indonesian legal thought and practice concerning interim arbitration awards and measures. Indonesian legal framework for interim awards and measures–in courts Interim steps have...

This Practice Note forms part of a cross‑border guide that outlines the essentials of creating particular business entities across global jurisdictions. Leading firms within the Multilaw global law firm network respond to key questions on this area. This edition highlights core considerations when establishing a limited liability company ( LLC) in Indonesia. Current as at 21 September 2025. Authors: Arie Armand and Benny Handoko, Armand Yapsunto Muharamsyah & Partners, a Multilaw member firm. Common entities What form of entity is addressed in this questionnaire? Which other commonly used entities in this jurisdiction are covered in separate questionnaires? The focus here is the limited liability company – Perseroan Terbatas ( PT). Identify additional entity types in this jurisdiction that exist but are not covered by a questionnaire at this time: Foundation – Yayasan ...

This table sets out all completed investigations by Indonesia’s competition authority (the Indonesia Competition Commission—the ICC) into suspected cartels, anti-competitive agreements, and abuses of dominant positions dating back to the year 2018. Note—only investigations that have been made public are included in this table. 2026 Investigations under Chapter III of Law Number 5 of 1999 Case name, companies under investigation and industry Issues Developments Online lending — 97 undertakings; Restrictive agreement—price fixing; Infringement decision announced—26/03/2026; fines totalling IDR 755bn imposed Construction — 2 undertakings; Restrictive agreement—bid rigging; 27/01/2026; fines totalling IDR 3bn imposed Investigations under Chapter V of Law Number 5 of 1999 The ICC has not yet issued any decisions under Chapter V in 2026 2025 Investigations under Chapter III of Law Number 5 of 1999 Case name, companies under investigation and industry Issues Developments MTU Engine Maintenance Tender — PT Rolls Royce Solution Indonesia; PT Dieselindo Utama Nusa;...

This Practice Note provides an overview of individual voluntary arrangements ( IVAs) and how they affect legal proceedings from a dispute resolution standpoint. What is an IVA? An IVA is a contract made between an individual and their creditors (and potentially involving third parties) to compromise that person’s debts, or to implement a scheme for managing their affairs, under the Insolvency Act 1986 ( IA 1986). The precise form and terms of any composition or scheme are determined by the debtor and the creditors, assisted by an insolvency practitioner—called the nominee before approval of the IVA, and the supervisor afterwards. IVAs are put forward when an individual faces financial difficulty, and may often follow the presentation—or the threatened presentation—of a bankruptcy petition, or be advanced to head off a threatened petition. The usual objective of an IVA is the discharge of...

General Creditors decide whether, and to what extent, an individual voluntary arrangement ( IVA) proposal should be approved. In-person meetings are no longer the default way to reach decisions; the nominee may instead choose a qualifying decision procedure to obtain creditors’ views on the proposal. These procedures are set out in the Insolvency ( England and Wales) Rules 2016 ( IR 2016), SI 2016/1024, Pt 15. The relevant procedure or any meeting is overseen by the convener or chair, almost always the nominee; if the nominee cannot attend, a replacement will act on their behalf. Creditors’ consideration of the proposal The debtor’s proposal is the foundation of any IVA. IR 2016, SI 2016/1024, r 8.3 specifies the required contents of an IVA proposal. Where no interim order is sought, the nominee must inform creditors of their opinion on the viability of the debtor’s proposal within 14 days of the...