21 Oct 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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Appointment of Arbitrator

Arbitrator is an individual who, because of his/her competency and integrity, is chosen by BAPMI's Management to examine and pass an award on relevant dispute. The parties are entitled to appoint Arbitrators, and the Arbitrators have the right to accept or reject the appointment. In BAPMI's Arbitration process, the parties must agree first the form of Arbitration, whether it is with Sole Arbitrator or in Arbitral Tribunal (totaling 3 Arbitrators or more, and must be odd number). Appointment of Arbitrators is done in the following way:

Sole Arbitrator:
Appointment of a person to be a Sole Arbitrator must be approved by the Petitioner and the Respondent. When the Petitioner and the Respondent do not reach an agreement, the appointment of Sole Arbitrator is determined by BAPMI.

Arbitral Tribunal:
The Petitioner and the Respondent appoint their respective Arbitrators, and then the two Arbitrators chose the third Arbitrator as the Tribunal Chairman. If the two Arbitrators do not reach an agreement, the appointment of Tribunal Chairman will be determined by BAPMI. When either party does not appoint an Arbitrator, the Management will appoint BAPMI's Arbitrator.

Arbitrator Requirements:
Basically, people who could be appointed by the Petitioner and the Respondent to be Arbitrators of BAPMI's Arbitration are those listed in the List of BAPMI's Arbitrators. When the Petitioner and/or the Respondent intend to appoint a person beyond the list, he/she must meet certain requirements and an approval from BAPMI's Management must be obtained.

In carrying out his/her duties, an Arbitrator must uphold the code of conduct, be fair, neutral and independent, free from any influence and pressure of any party, and free from conflicts of interest and affiliation, either with any of the disputing parties (including the legal counsel) or with the relevant dispute. When these things are violated, the Arbitrator shall cease or be dismissed from his job.

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