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Code of Conduct

BAPMI's Arbitrator/Mediator is bounded by the Code of Conduct as long as he/she has a status as BAPMI's Arbitrator/Mediator and during on his/her duties as an appointed Arbitrator/Mediator on certain case. The Code of Conduct for BAPMI's Arbitrator/Mediator:

1. Arbitrator/Mediator of BAPMI must at all times:

  1. devoted to One and the Only God and upholding the State Law of the Republic of Indonesia on the basis of Five State Ideology Principles (Pancasila) and the State Constitution 1945 (Undang-Undang Dasar 1945);
  2. trustworthy, professional, objective, prudent, and responsible in performing his/her duties;
  3. oriented toward and upholding justice;
  4. explore, follow, and understand the legal values existing in the society, particularly Capital Market society;
  5. independent *) and impartial;
  6. make judgment in accordance with the provisions of laws as well as on the basis of fairness and justice (ex aequo et bono);
  7. well-mannered, firm, and wise in presiding over any hearing, in terms of both utterance and manners;
  8. maintain the integrity and orderly of any hearing;
  9. respect the rights of the Parties to be heard for their accounts;
  10. maintain the confidentiality of any data and information received, known, or acquired from or in relation to the examination of a dispute or controversy resolved through BAPMI Arbitration or Mediation;
  11. avoid any conflict of interest *) whilst performing his/her duties;
  12. make the best efforts to make award within an agreed or specified time period.

2. Arbitrator/Mediator of BAPMI must at all times:

  1. maintain self-esteem, dignity and reputation of other fellow Arbitrators/Mediators, Arbitration/Mediation institutions, and BAPMI, both either inside or outside the hearing session;
  2. possess the awareness of, loyalty toward, and appreciation on Arbitrator/Mediator profession, Arbitration/Mediation institutions, and BAPMI;
  3. maintain and nurture good work relationship with and mutual respect to other BAPMI Arbitrators/Mediators, BAPMI Management, and BAPMI Honorary Council.

3. Arbitrator/Mediator of BAPMI must not:

  1. commit any acts detrimental and contradictory to public interest and public order;
  2. commit any acts inflicting legal defects on his/her award;
  3. abuse his/her power and authority in the personal or group interest;
  4. conduct his other profession or occupation detrimental and contradictory to the dignity and integrity of an Arbitrator/a Mediator;
  5. hold such other position or capacity detrimental to his/her freedom and autonomy in performing his/her duties as an Arbitrator/a Mediator;
  6. receive assistance or gifts in any form whatsoever, either directly or indirectly, intended to or presumably to or may affect his/her judgment;
  7. seek fame and publicity out of the dispute or controversy he/she is handling.

Note *)
BAPMI's Rules concerning Conflict of Interest and Affiliation Guidelines for BAPMI's Arbitrator/Mediator stated that something can influence Arbitrator/Mediator independency is an affiliation relationship with the one of disputing parties or conflict of interest to the case, such as:

  1. family relationship;
  2. work/project relationship;
  3. controling relationship;
  4. has an economic interests with respect to the subject matters which referred to BAPMI for its resolution.

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