25 Jun 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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Examination Adjudication

First Hearing and settlement effort:
After the panel of Adjudicators is established, the Panel, through the Secretary, shall deliver summons for the first hearing to the Petitioner and the Respondent, with the following conditions:

  1. When the Petitioner, without any valid reason, does not appear at the first hearing, the Petitioner's claim is disqualified
  2. When the Respondent, without any valid reason, does not appear at the first hearing, the Arbitrator will re-summon the Respondent;
  3. When the Respondent remained absent, without any valid reason, the hearing shall proceed without the presence of the Respondent;
  4. In the first hearing that is attended by the Petitioner and the Respondent, the panel will offer settlement;
  5. When the settlement effort succeeds, the Settlement Agreement shall contain a claim revocation clause (petition for Adjudication);
  6. When it fails, the Adjudication hearing proceeds.

Adjudication process is similar to BAPMI's Arbitration process as follows:

  1. first hearing and settlement efforts;
  2. answer submission;
  3. evidence submission;
  4. proceeding for hearing testimony of each Party;
  5. proceeding hearing testimony of witnesses (factual or expert);
  6. submission of each party's conclusion;
  7. Proceeding of award pronunciation;
  8. confirmation of acceptance of award by the Petitioner;
  9. enforceability of award.

Places and Languages:
BAPMI's Adjudication proceedings are held at a place designated by BAPMI or other places as specified by the Petitioner and the Respondent. Language used during the proceedings is Indonesian language, unless otherwise agreed by the Petitioner, the Respondent and panel, but the award shall be in Indonesian language. In the proceedings, the parties have the same right to express and defend their views and interests.

Examination period:
Examination will take place no later than 60 days from the date on which the panel is established, and may be extended for a maximum of 30 days upon agreement of the parties.

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