07 Sep 2010
Arbitration Services
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Process
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Process

After the appointment of Arbitrators, the Arbitrators summon the Claimant and the Respondent to appear before the hearing as follows:

  • in the event that the Claimant fails to appear on the first hearing without legally reasons, the Claimant's application decided dismissed/refused;
  • in the event that the Respondent fails to appear in the first hearing without legally reasons, the Arbitrators summon for the second chance; in the event that the Respondent fails to appear in the second chance, the proceedings continue in the absence of the Respondent;
  • on the first hearing attended by the both parties, the Arbitrators suggest them to try reconciliation; in the event that reconciliation has not achieved, the Arbitration proceedings continue.

The process of BAPMI's Arbitration is comparable to litigation process, such as that under certain condition each party may request an intermediate decision to Arbitrator and the Respondent may file a counter claim to the Claimant. The steps of Arbitration examination in generally are as follows:

  1. first hearing and reconciliation;
  2. hearing for the Respondent's response against to the Claimant's claim;
  3. hearing for the Claimant's response against to the Respondent's response;
  4. hearing for examination of evidences;
  5. hearing for witness and expert witness;
  6. hearing for the final conclusion from the both parties;
  7. read the award.

The Arbitration held in the place determined by the Management of BAPMI or any other place that agreed by the parties. The language used in the Arbitral proceedings is the Indonesian language, except otherwise agreed by the parties and the Arbitrator. The parties have the equal right in putting forth and defending their views and interests in the proceedings.

The proceedings of Arbitration take a period of 180 workdays as of the appointment of Arbitrators. Arbitrators may extend the said period with prior agreement from the parties. In the event of the examination deemed sufficient, the Arbitrators close the examination and determine the date to read the Arbitral award.

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