Andrew I. Sriro, BA, JD, MH

Andrew I. Sriro, BA, JD, MH
Senior Foreign Advocate

Universitas Padjadjaran (Jakarta and Bandung, Indonesia)
M.H. (LL.M. Equivalent)

Universitas Padjadjaran (Jakarta and Bandung, Indonesia)
M.H. (LL.M. Equivalent)

University of the Pacific, McGeorge School of Law (Sacramento, California, U.S.A)
J.D.
Order of the Coif, With Great Distinction Dean’s Honour Student
Law Review – Pacific Law Jurnal
Writer 1991-1992; Primary Editor 1992-1993

Admission to the Bar
California, U.S.A

University of Michigan (Ann Arbor, Michigan, U.S.A)
B.A., Economics and International Finance


Practice Areas
Maritime, Shipping, Aviation, Trade, Insurance, Banking, Finance, Secured Transactions, Capital Markets, Securities, Commodities, Infrastructure Projects, Construction, Corporate, Investment, Commercial Transactions, Labor, Immigration, Dispute Resolution, Litigation and Arbitration.

Member of
California Bar Association, Chief International Legal Counsellor to the California Environmental Protection Agency 1994 to 1996; Arbitrator – Indonesian National Board of Arbitration (Badan Arbitrase Nasional Indonesia).

Publications

  • Reviser of Martindale Hubbell’s International Law Digest, Indonesian Law Chapter (1999 through present)
  • Sriro’s Desk Reference of Indonesian Law
    (Equinox, Jakarta, 2005, 2006, 2007 and 2008)
    (Dyah Ersita & Partners, Jakarta, 2009, 2010, 2011)
  • Sriro’s Desk Reference of Indonesian Company Law
    (Dyah Ersita & Partners, Jakarta, 2008)
  • Sriro’s Reference of Indonesian Telecommunications Law
    (Sriro’s Legal Education Series, Jakarta, 2000)
  • Sriro’s Reference of Indonesian Arbitration Law
    (Sriro’s Legal Education Series, Jakarta, 2000)
  • Indonesian Telecommunications Regulations
    (Asia Law and Practice Guide to Telecommunications, Euromoney, 1997)
  • Environmental Industry Opportunities in Indonesia
    (Export Today 1994)
  • A Quick Reference on Incoterms
    (East Asian Executive Reports 1993, republished in Lloyd’s of London’s P & I International, 1994)
  • California Charging Orders, Court Ordered Foreclosure of Charged Partnership Interests
    (Pacific Law Journal, 1992)

Experience and Notable Transactions
An advisor to DEP since 1999 and a licensed foreign advocate in Indonesia, Andrew has 25 years of experience as a corporate-commercial lawyer.

Andrew has been intimately involved in complex international business litigation and arbitration matters including arbitrations and settlement negotiations. He has been involved in many high profile disputes. Andrew advised Time Inc. and its reporters and editors in defense of a US$27 Billion defamation claim brought against them by former President Suharto in relation to an article entitled “Suharto Inc. How Indonesia’s Long Time Boss Built a Family Fortune” published in Time Magazine’s May 24, 1998 Asia edition. Time Inc. was victorious in both the district and high courts.

He also advised the Washington Post and its reporters and editors in defense of an approximately US$100,000,000 defamation claim brought against them by four star General Endriarto Sutarto and the Indonesian Military in relation to an article entitled “Indonesia Military Allegedly Talked of Targeting Mine” published in November 3, 2002.

Andrew is also active in arbitrations in Indonesia. He advised Garanti-Instituttet for Eksportkreditt, the Norwegian Government’s export credit guarantee institute in arbitration against the Indonesian State-owned dredging monopoly, PT. Pengerukan Indonesia, in arbitration in Indonesia under the rules of the Indonesian National Arbitration Association (BANI).

Andrew also advises lenders in complex financial disputes. He advised :

  • a group of bondholders including Merrill Lynch International Bank, Credit Suisse First Boston, Janus Capital Management LLC, Rothschild Asset Management (Singapore) Limited and Lehman Brothers Inc. in a suit brought by the parent of a bond issuer, PT. Tri Polyta Indonesia Tbk., seeking to annul US$185,000,000 in bonds and underlying transaction documentation and seeking over US$640,000,000 in damages from past and present bondholders.
  • a group lenders in defense of their US$1 Billion financing of PT. Tanjungenim Lestari Pulp & Paper’s US$2 Billion pulp and paper mill in Sumatra, Indonesia. The lenders represented included The Bank of Tokyo-Mitsubishi, Ltd., Fuji Bank, Korea First Bank, Berliner Bank AG, Mitsubishi Trust and Banking Corporation, Bank of Scotland, Sumitomo Mitsui Banking Corporation, Mizuho Asset Trust & Banking Co., Ltd. and Metropolitan Life Insurance Company.
  • Mizuho Corporate Bank, Ltd., The Sumitomo Trust & Banking Co., Ltd., Sumitomo Mitsui Banking Corporation and Dresdner Bank AG in the recovery of outstanding balances owed by PT. Satomo Indovyl Monomer (an ethylene dichloride and vinyl chloride monomer producer) under a US$94,500,000 Loan Facility Agreement following a hostile takeover bid brought by a principle chlorine feedstock supplier through aggressive litigation and bankruptcy actions.

Andrew is well known in advising foreign investors and foreign power producers in connection with disputes involving infrastructure and power projects. Andrew successfully defended a Malaysian consortium (which was created upon the request of the Indonesian President by the Malaysian Government’s Presidential Cabinet to assist Indonesia in economic recovery) with respect to the rights of the consortium in relation to their selection as the preferred strategic partner for purposes of building the US$500,000,000 Jakarta Outer Ring Road against Jasa Marga (the Indonesian Government owned toll road developer and operator) who attempted to terminate the consortium’s rights.

He also advised and defended Singapore Power International (the Singapore State-owned electric power developer) in defending against police and labor union attacks designed to increase pressure against Singapore Power International in restructuring negotiations with Asia Pulp and Paper related to Singapore Power International’s US$800,000,000 Indonesian owned power plants located next to and supplying power to Asian Pulp and Paper’s Indonesian pulp mills.

Andrew also is an expert in Indonesian Oil and Gas Law and complex Indonesian tax issues. He advised Chevron and Texaco’s joint operating company Amoseas Indonesia Inc. in the historic first appeal of a Tax Court ruling to the Indonesian Supreme Court concerning value added tax deferment issues of approximately US$10,000,000 relating to oil and gas exploration activities in Indonesia. Andrew developed case dispositive arguments regarding tax issues in relation to the tax laws of the Republic of Indonesia and the United States of America involving a claim by the client, the U.S. Department of Treasury, for disallowance of Indonesian oil and gas tax credits conservatively valued in excess of US$3.6 Billion.

Andrew also advises the Indonesian government from time to time. He has advised the Indonesian Government on International trans-border issues including those in connection with a dispute with the Australian Government regarding environmental damage caused in Indonesian waters by the Montara oil and gas leak in the Timor Sea and the migration of effluent into Indonesian territorial waters. He was also involved in advising the Government of Indonesia through the Ministry of Trade at the World Trade Organization regarding GATT.

Andrew also advises international clients involved in large-scale joint ventures in Indonesia. He drafted and negotiated joint venture agreement between an Indonesian private limited liability company and a Malaysian publicly listed limited liability company for the construction and management of a US$280,000,000 toll road project located in Central Java, Indonesia. He drafted and negotiated a Joint Venture Agreement between major international Indonesian bank and major international Korean bank for the establishment of a joint venture multi-finance company in Indonesia.

Andrew negotiated licensing rights to access to and operation of all orbiting satellites and terrestrial infrastructure of publicly listed telecommunications firm/IDD operator for purposes of development, management, and sales of all GSM, Mobitex, LMDS, and Satellite Backbone services. Present value of benefits negotiated in excess of US$150,000,000.

Andrew actively represents lenders in complex financial transactions such as aircraft, finance and derivatives tax transactions. He consulted in the arrangement of financing for the purchase of US$330,000,000 in aircraft including Export Import Bank of the United States financial guarantee facilities. Andrew prepared Master Derivatives Agreements to accommodate currency and interest rate forward, spot, swap, cap, floor and collar transactions for use by PT. Bank Danamon Indonesia Tbk. throughout its banking network.

Andrew has also been associated with some high profile Indonesian restructurings. He advised banks in negotiating and drafting restructuring agreements in relation to the US$2,200,000,000 ethylene plant owned by PT. Chandra Asri and the conversion of US$650,000,000.00 debt into equity. This was the largest Indonesian restructuring transaction in 1997.

Andrew advised an international telecommunications joint venture company (owned by PT. Artimas Kencana, AT&T Wireless and the Asia Infrastructure Fund) in their efforts to restructure a US$1.3 Billion joint operation investment with the Indonesian State-owned domestic telecommunications monopoly, PT. Telekomunikasi Indonesia Tbk.

Languages
Indonesian, English