18 Nov 2017
Adjudication
ABOUT BAPMI | BINDING OPINION | MEDIATION | ADJUDICATION | ARBITRATION | MEDIATOR/ADJUDICATOR/ARBITRATOR | RULES | EVENTS
Introduction
Registration of Petition for Adjudication
Adjudication Agreement
Appointment of Adjudicator
Examination Adjudication
Adjudication Award
Enforceability of Adjudication Award
Adjudication Fees
Process

 

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Registration of Petition for Adjudication

No later than 30 days after entering into an Adjudication Agreement, either Party (i.e. the consumer) must file a claim (Petition for Adjudication) in writing to BAPMI.

Contents of the Petition:
As commonly found in a claim, an Adjudication Petition shall contain:

  1. information regarding names, addresses and standing of the Parties (persona standi in judicio);
  2. description of the dispute/ merit of the case (basis of claim);
  3. plea for damages (petitum).

The Adjudication petition must quote and include the Adjudication Agreement and submit the evidence, and a proof of Registration Fee full payment.

Verification of Petition by BAPMI's Management:
In respect of the Petition for Adjudication, BAPMI's Management will examine:

  1. whether the petition has meet any administrative requirements;
  2. whether the parties have been bound by an Adjudication Agreement;
  3. whether the petitioned dispute is about a civil dispute in connection with capital market activities;
  4. whether the dispute is categorized as retail and small claim as defined by BAPMI (with the maximum claim value of IDR500,000,000,-);
  5. whether the Petitioner is a retail consumer, and the defendant is a financial services provider;
  6. whether the Petitioner has paid the Registration Fee.

When the petition meets the above requirements, BAPMI's Management will provide the Petitioner and the Respondent with a notice that the registration of petition is received and will be processed further, and is listed on a case registry book of BAPMI and given a registration number. The next step after registration of petition for Adjudication is establishment of a panel of Adjudicators by BAPMI's Management.

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