21 Oct 2017
MEDIATOR/ADJUDICATOR/ARBITRATOR
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Selection

In BAPMI's Arbitration, there are two types of Arbitrator: permanent Arbitrator (BAPMI's Permanent Arbitrator) and non-permanent Arbitrator (Ad Hoc Arbitrator).

BAPMI's Permanent Arbitrator is selected and appointed by BAPMI's Management based on integrity and competency in the Capital Market field according to their respective backgrounds and expertise (mostly those with backgrounds of Capital Market practitioners, lawyers, accountants and academics) and meet the requirements set by BAPMI. Until now, there are 19 people listed as Permanent Arbitrators appointed by BAPMI, mostly since 2003. Ad Hoc Arbitrator is appointed by the Management as per the need only. However, until now, no Ad Hoc Arbitrator has been appointed in BAPMI's cases. To determine the requirements to be BAPMI's Permanent Arbitrator and Ad Hoc Arbitrator, and the requirements for them to be appointed as Arbitrators in a certain case, it can be seen in BAPMI's Rules regarding Arbitration Rules and Procedures.

In BAPMI's Mediation, Ad Hoc Mediator is not used, and those who may be appointed as Mediators in BAPMI's Mediation should be people having been appointed as BAPMI's Permanent Mediators. They are also appointed by the Management under the requirements set out BAPMI's Rules regarding Mediation Rules and Procedures. In particular, the Management may appoint a co-Mediator. BAPMI's Permanent Arbitrators totaling 19 persons mentioned above have a dual status as BAPMI's Permanent Mediators. However, under BAPMI's new Rules regarding Mediation Rules and Procedures, they are required to have a Mediator certificate from a Mediation education and training institution accredited by the Supreme Court within a maximum period of 24 months as of 17th December 2014 (the date of entry into force of BAPMI's new Rules regarding Mediation Rules and Procedures). When it is not met, their status as BAPMI's Permanent Mediators will be revoked, leaving them with the status as BAPMI's Permanent Arbitrators only. To determine the requirements to be BAPMI's Permanent Mediators, as well as their requirements to be appointed as Mediators in a certain case, it can be seen in BAPMI's Rules regarding Mediation Rules and Procedures.

In BAPMI's Adjudication, Ad Hoc Adjudicator is also not used, and those who may be appointed as Adjudicators in BAPMI's Mediation should be people having been appointed as BAPMI's Permanent Mediators. They are also appointed by the Management under the requirements set out BAPMI's Rules regarding Adjudication Rules and Procedures. Adjudication service is BAPMI's new service, and BAPMI is currently preparing the selection process of candidates of BAPMI's Adjudicators. To determine the requirements to be BAPMI's Permanent Adjudicators, as well as their requirements to be appointed as Adjudicators in a certain case, it can be seen in BAPMI's Rules regarding Adjudication Rules and Procedures.

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