Types of Fees:
BAPMI charges costs and fees for any disputes resolved through BAPMI's Arbitration. Costs and fees for an Arbitration process consist of:
- Registration Fee: this fee must be fully paid by the Petitioner at the time of registering a petition for BAPMI's Arbitration by wire transfer to a bank account designated by BAPMI.
- Examination Fee: this fee is at cost for proceedings, including costs for use of proceeding room, transportation and accommodation of local examination, and transportation and accommodation of witnesses/ expert witnesses. The examination fee is paid by the Petitioner and the Respondent before the commencement of said examination.
- Arbitration Fee: this fee is in return for use of BAPMI's Arbitration services to be paid by the Petitioner and the Respondent before the first hearing begins. It is calculated based on the amount of claim with regard to the provision of minimum payment.
- Enforceability Cost: this cost is related to the enforceability of an Arbitration Award, including award registration cost to execution cost, when the Arbitration Award is not executed voluntarily and thus requires costs of petition for execution order to local District Court Chairman.
Party Bearing the Costs:
Basically, the Petitioner and the Respondent may enter into a preliminary agreement about who will bear all the costs and fees of Arbitration. However, if it is no agreed, all the costs and fees of Arbitration will be charged as follows:
- when the Petitioner's claim is sustained in its entirety, the Arbitrator Fee shall entirely be on the account of the Respondent;
- when the Petitioner's claim is sustained in part, the Arbitrator Fee shall be on the account of the Parties to be divided between them in a proportion deemed fair by the Arbitrator(s);
- when the Respondent's claim is overruled or rejected in its entirety, the Arbitrator Fee shall entirely be on the account of the Petitioner.