25 Jun 2017
Arbitration
ABOUT BAPMI | BINDING OPINION | MEDIATION | ADJUDICATION | ARBITRATION | MEDIATOR/ADJUDICATOR/ARBITRATOR | RULES | EVENTS
Introduction
Registration of Petition for Arbitration
Arbitration Agreement
Appointment of Arbitrator
Stages of Arbitration Proceedings
Arbitration Award
Enforceability of Arbitration Award
Arbitration Fees
Process

 

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Stages of Arbitration Proceedings

First Hearing and settlement effort:
After the Sole Arbitrator is appointed/ Arbitral Tribunal established, the Sole Arbitrator/ Arbitral Tribunal 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 Arbitrator(s) will offer settlement;
  5. When the settlement effort succeeds, the Settlement Agreement will be set forth in a deed of settlement (acta van Dading) by the Sole Arbitrator/ Arbitral Tribunal;
  6. When it fails, the Arbitration proceeding proceeds.

BAPMI's Arbitration process is similar to judicial process, and in certain circumstances the parties may request a preliminary order to the Arbitrator(s), and the Respondent may file a counterclaim against the Petitioner. In general, examination stages of BAPMI's Arbitration are as follows:

  1. first hearing and settlement effort;
  2. delivery of Response, Reply and Rejoinder;
  3. delivery and cross-check of evidence;
  4. proceeding for hearing testimony of each Party;
  5. delivery of written statements of witnesses (factual or expert);
  6. proceeding for hearing testimony of witnesses (factual or expert);
  7. delivery of additional evidence/ witnesses if any;
  8. delivery of each party's conclusion;
  9. Proceeding of award pronunciation;
  10. registration of award with District Court;
  11. enforceability of award.

Places and languages:
BAPMI's Arbitration 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 Sole Arbitrator/ Arbitral Tribunal, 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 in the principal case will be no longer than 180 days since the Sole Arbitrator is appointed/ Arbitral Tribunal established, without counting the period of examination for exception and other provisional requests, if any. The Sole Arbitrator/ Arbitral Tribunal may extend that period by a particular reason or with the consent of the Petitioner and the Respondent. When the dispute is settled, the examination is immediately closed and the Arbitrator(s) determine(s) the proceeding date to pronounce the Arbitration Award no longer than 30 days after the examination ends.

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