Glossary

Alternative Dispute Resolution is a name for several dispute resolution process and techniques outside the court.

Answer is a respondent's written reply to a claim.

Arbitral Award is a written determination of the arbitrator in accordance with the provisions of laws as well as on the basis of fairness and justice.

Arbitral Immunity means that Arbitrators are protected from suits arising out of their quasijudicial conduct in arbitration proceedings.

Arbitral Tribunal is a panel consists of three or more arbitrators to lead arbitral proceedings.

Arbitration Agreement means a written agreement of the parties, whereas stipulated in an arbitration clause or a separate agreement, that any disputes will settle to arbitration.

Arbitration Clause means an agreement of the parties as specified in a clause of contract that any disputes will settle to arbitration.

Arbitration is a method of alternative dispute resolution where conflict between two or more parties is resolved by impartial persons, arbitrators, who has an entitlement to make a decision in controversy.

Arbitrator is a private, disinterested person chosen to decide disputes between parties.

BAPMI is the Indonesian Capital Market Arbitration Board established by virtue of deed of establishment number 15 passed before Mrs. Fathiah Helmi, SH, Notary in Jakarta, and approved by the Minister of Justice and Human Rights of the Republic of Indonesia as set for the in the decision letter number C-2620 HT 01.03.TH 2002 dated 29 August, 2002, and published in the State Gazette of the Republic of Indonesia dated 18 October, 2002, Number 84/2002, Supplement to State Gazette Number 5/PN/2002. Binding Opinion is a method of alternative dispute resolution where differences between two or more parties is resolved through binding opinion made by an expert and independent third party.

Caucus is an informal meeting in mediation process between mediator and one of the parties.

Challenge is the right of each part to submit arbitrator replacement request for an alleged lack of independence of respective arbitrator.

Claim is a demand for money or other relief requested by the claimant in arbitration.

Claimant is a party requesting the resolution of a dispute through arbitration.

Code of Conduct is a guide for the conduct and ethical responsibilities of arbitrators in commercial disputes.

Counterclaim is a claim made by the respondent against the claimant.

Honorary Council is one of arbitration bodies that has a task to examines any complaints with respect to any alleged violation against the code of conduct.

Institutional Arbitration is an arbitration conducted by an arbitration institution according to its rules and procedures.

Mediation is a method of alternative dispute resolution where conflict between two or more parties is resolved by negotiation facilitated by mediator.

Mediator is a neutral third party that helps negotiate a mutually-acceptable resolution between disputing parties.

Respondent is the person against whom a claim is made by the claimant.

Self-regulatory Organization is an entity that responsible for regulating its members through the adoption and enforcement of its rules and regulations governing its members.

Settlement Agreement is an agreement specified the conclusion of mediation process between the parties.