06 Dec 2021
Guidelines for Conflict of Interest
Code of Conduct
Ethics Tribunal




Code of Conduct

BAPMI's Mediators/ Adjudicators/ Arbitrators are bound by the Code of Conduct while holding the status as BAPMI's Mediators/ Adjudicators/ Arbitrators and do their duties as Arbitrators designated in a particular case. The Code of Conduct for BAPMI's Mediators/ Adjudicators/ Arbitrators is as follows:

  1. BAPMI's Mediators/ Adjudicators/ Arbitrators must at all times:
    1. be devoted to the One and Only God Almighty and uphold the State Law of the Republic of Indonesia on the basis of Five State Ideology Principles (Pancasila) and the 1945 Constitution (Undang-Undang Dasar 1945);
    2. be trustworthy, professional, objective, prudent, and responsible in performing their duties;
    3. be oriented toward upholding the justice;
    4. explore, comply with and understand the legal values in society, especially Capital Market community;
    5. be independent and impartial;
    6. make decisions according to the legal provisions, or based on fairness and justice (ex aequo et bono);
    7. be well-mannered, firm, and wise in presiding over any proceedings, in terms of both utterance and manners;
    8. maintain the dignity and orderliness of any proceedings;
    9. respect the rights of the parties to be heard for their accounts;
    10. maintain the confidentiality of data and information received, known, acquired from or in connection with any disputes or differences of opinion resolved through Mediation/ Adjudication/ Arbitration in BAPMI;
    11. refrain from having any Conflict of Interest *) while performing their duties;
    12. use their best efforts to pass an award within a specified, agreed period of time.
  2. BAPMI's Mediators/ Adjudicators/ Arbitrators must at all times:
    1. Maintain honor, dignity, goodwill and reputation of other fellow Mediators/ Adjudicators/ Arbitrators, Mediation/ Adjudication/ Arbitration institutions, and BAPMI both inside and outside proceedings;
    2. have awareness, loyalty and respect for Arbitrator/ Mediator professions, Mediation/ Adjudication/ Arbitration institutions and BAPMI;
    3. maintain and establish good working relationships and mutual respect with fellow Mediators/ Adjudicators/ Arbitrators of BAPMI and BAPMI's Management, BAPMI's Supervisory Board and BAPMI's Honorary Council.
  3. Mediators/ Adjudicators/ Arbitrators BAPMI must not:
    1. commit any acts detrimental and contradictory to public interest and public order;
    2. commit any acts inflicting legal defects on the award;
    3. abuse their power and authority in personal or group interests;
    4. practice other profession or occupation detrimental and contradictory to the dignity and integrity of Mediators/ Adjudicators/ Arbitrators;
    5. hold such other position or capacity detrimental to their freedom and independency in performing their duties as Mediators/ Adjudicators/ Arbitrators;
    6. receive assistance or gifts in any form whatsoever, either directly or indirectly, intended to or presumably to or may affect the award;
    7. seek publicity from any disputes or differences of opinion they handle.
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