Appointing of Arbitrator

Appointing of Arbitrators

Arbitrator is an individual person that appointed by disputing parties according to his/her competency and integrity in order to examine and make a decision to the dispute. The disputing parties have a right to appoint an Arbitrator, and at the other side, Arbitrator has a right to accept or reject to the said appointment.

In the process of BAPMI's Arbitration, at the first time the parties shall reach a consensus about the number of Arbitrator, whether it is in a form of a Sole Arbitrator or panel. The processes of appointment of Arbitrators are as follows:

1. Sole Arbitrator:
The Claimant and the Respondent must agree the appointment of someone as a single Arbitrator. In the event of the both parties disagree, the appointment of such Arbitrator will determined by BAPMI.

2. Arbitral Tribunal:
The Claimant appoints someone as an Arbitrator (the first Arbitrator), the Respondent appoints someone as an Arbitrator (the second Arbitrator), and then both Arbitrators appoint someone as the chairperson of the Arbitral Tribunal (the third Arbitrator). In the event of the both Arbitrators disagree, the appointment of the third Arbitrator will determined by BAPMI. In the event of only one party appoints an Arbitrator, by law such Arbitrator will be the Sole Arbitrator and authorize to examine and make decision on the dispute.

Requirements of Arbitrator

Commonly the persons that eligibly appointed as Arbitrators by the parties are the persons enlisted in the List of BAPMI's Arbitrators. The parties may appoint a person outside the list subject to BAPMI's requirements and the approval of BAPMI's Management.

In the performance of his/her duty, Arbitrator must at all times ensure that he/she is impartial, independent, fair, complies to the code and free of any conflict of interest and affiliation relationship with one of the parties involved in the dispute or with the dispute itself. An Arbitrator must resign or terminated if he/she has an affiliation or conflict of interest.