25 Jun 2017
Mediation
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Registration of Petition for Mediation

The parties seeking to resolve the problem through BAPMI's Mediation must submit in writing a registration of petition to BAPMI, to the attention of BAPMI's Chairman, and addressed to BAPMI. The petition must be filed jointly by both parties having the problem (not only one of them) to include an agreement of the parties that the problem will be resolved through BAPMI's Mediation.

Contents of the Petition:
The parties intending to petition for BAPMI's Mediation must include the following information in the petition:

  1. an agreement of the parties to settle the problem through BAPMI's Mediation;
  2. a detailed description of the problem occurred;
  3. an agreement and other relevant documents filed by each party;
  4. proposed names of Mediators from each party, if any;
  5. an assertion that the parties will be bound and abide by and execute any and all provisions of the agreement reached;
  6. a proof of Registration Fee full payment.

Verification of the Petition:
In respect of the Petition for Mediation, BAPMI's Management will examine:

  1. whether the petition has meet any administrative requirements;
  2. whether the parties have had an agreement that the problem they face will be resolved through BAPMI's Mediation;
  3. whether the problem raised is about a civil issue in the field of or with respect to Capital Market; and
  4. whether the parties making such petition have paid the registration fee.

When the petition meets the above requirements, BAPMI's Management will provide the parties with a notice no later than 14 days after the registration of petition is accepted and further processing will be done.

When the parties to an Arbitration proceeding require a settlement effort through Mediation, they may express their intention in the proceeding, and subsequently the Arbitral Tribunal/ Sole Arbitrator will notify the Management to hold such BAPMI's Mediation. In this case, no registration of petition for Mediation by the parties is required.

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