Requirements

An individual person will be eligible as an Arbitrator in BAPMI's Arbitration, if he/she meets the following requirements:

1. Indonesian Citizen;
2. competent in performing legal actions;
3. minimum 35 years old;
4. having hands-on experience and proficient in his/her field for at least 15 years;
5. never been declared bankrupt or convicted for committing any crimes or criminal offenses by a final and binding court verdict;
6. not being banned/disapproved person to be an Arbitrator by the prevailing laws and regulations;
7. registered as a member of an association/organization that are BAPMI's Members;
8. holding a minimum of bachelor degree or equivalent;
9. holding an individual license in capital market profession issued by the Indonesian Capital Market Supervisory Agency (Bapepam) or registered as capital market supporting profession at Bapepam - hold such license or have been registered and conducting their professional practices at least for 5 consecutive years;
10. not banned from performing specific actions in capital market by Bapepam;
11. never been convicted for any crimes or criminal offenses related to economics and/or finance;
12. understanding and familiar with the Indonesia laws and regulations on capital market;
13. understanding and familiar with the Indonesia laws and regulations on Arbitration and Alternative Dispute Resolution;
14. understanding and familiar with BAPMI's Rules and Procedures;
15. not serving as an officer of capital market supervisory, director of stock exchange, clearing and guarantee corporation, or central depository organization; and
16. not serving as active officer of judicial bodies, public prosecutor, or police officer.

Any person who not Indonesian Citizen may be elected as an Ad Hoc Arbitrator shall meet the following requirements:

1. having adequate experience and/or sound knowledge in the international capital market industry;
2. having adequate experience and/or sound knowledge in the issue being disputed;
3. been an arbitrator or registered in list of arbitrators in one of international arbitration body (-ies) or arbitration body (-ies) in the country of origin;
4. understand and familiar with Indonesian legal system, particularly with respect to Indonesian laws and regulations on capital market and Arbitration.

In the performance of his/their duties, Arbitrator must at all times ensure that he/she is impartial, independent, fair and free of any conflict of interest and affiliation relationship with one of the parties involved in the dispute or with the dispute itself. A person who has an affiliation or conflict of interest is prohibited to be appointed Arbitrator. Then if Arbitrator realizes that he/she has an affiliation or conflict of interest, he/she must resign or shall be terminated from his/her position as Arbitrator.

Any requirements of Arbitrators are also valid and prevail for the selection of Mediator in BAPMI's Mediation process.