Indonesia National Board of Arbitration (BANI)

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[edit] General Information

  • Official name: Indonesia National Board of Arbitration (BANI)
  • Country: Indonesia
  • City: Jakarta
  • Type of organization: non-profit organization
  • Date of creation: 1977
  • Interests: Arbitration – Mediation – Negotiation- Conciliation
  • Fields of expertise: Commercial, Industrial and Financial Disputes

[edit] Description

[edit] Origin

Indonesia National Board of Arbitration (BANI) is an arbitral institution, providing a range of services in relation to arbitration, mediation, binding opinion and other forms of dispute resolution. BANI was established in 1977 on initiative of three prominent lawyers, namely the late Prof Soebekti and Mr. Haryono Tjitrosoebono and Prof Dr. Priyatna Abdurrasyid, with initial support of Indonesia Chamber of Commerce and Industry. The Centre is located in Jakarta with offices in some Indonesia major cities including Surabaya, Bandung, Pontianak, Denpasar, Medan, Palembang and Batam.

[edit] Purposes

BANI was established for the following purposes:

Committed to complete neutrality and independence in its role as an arbitral institution, BANI has developed its own rules and procedures for arbitrations, including the time frame in which Arbitral Tribunal has to render award. Such rule is used in both domestic and international arbitration taking place in Indonesia. Presently, BANI has more than 100 arbitrators with various professionals background, about thirty percent are foreign nationals.

In Indonesia, interest to settle dispute through arbitration began to grow with the promulgation of Law number 30 of 1999 on Arbitration and Alternate Dispute Resolution (Arbitration Law). The growing interest has been consistent with the globalization in which the out of court settlement has become the choice of business entities to resolve their dispute. Besides its speedy, efficient and final characteristics, arbitration uses the principle of win-win solution and direct as no appeals and cassation. Other benefits of arbitration award is that the award final and binding, besides has confidentiality characteristics, in which the proceeding and the award are not published. Based on reciprocal principle, the foreign award that involves foreign company may be executed in Indonesia; also the Indonesian arbitration award involving foreign company may be executed in overseas.

  • To participate in the law enforcement process in Indonesia through the application of arbitration and Alternative Dispute Resolution for resolving disputes in the various sectors of trade, industry and finance, such as concerning corporate matters, insurance, financial institution matters, aviation, telecommunication, mining, sea and air transportation, manufacturing, intellectual property rights, licensing, franchise, construction, shipping/maritime issues, environmental issues, remote sensing and others within the scope as set forth by laws and regulations and international practices.
  • To provide services for the dispute settlement through arbitration or other forms of alternative dispute resolution, such as negotiation, mediation, conciliation and binding opinion in accordance with the Rules of Procedures of BANI or other rules as opted by the parties concerned.
  • To act autonomously and independently in regard of upholding law and justice.
  • To carry our studies and research and trading/education programs pertaining to arbitration and alternative dispute resolution.

[edit] Cooperation Agreement

BANI has cooperation agreements, with arbitration associations and centres in other countries for the purpose of promoting international commercial arbitration and other forms of ADR amongst companies, business persons and other parties in those countries. These other arbitration associations and centres include the following institutions:

Furthermore, BANI is one of the founder and member of Asia Pacific Regional Arbitration Group.

[edit] Binding opinion & Arbitration Clause

In the absence of any dispute, both parties in a contract can ask the BANI for a binding opinion regarding questions arising from that contract.

They can ask the BANI for instance to give a binding opinion with regard to: the interpretation of ambiguous provisions on the contract, the formulation of new provisions or the revisions of the old provisions to meet changing circumstances, etc.

Once the BANI has given its opinion, the parties are bound to it and whoever acts in contravention to it, will be considered as having committed a breach of contract.

[edit] Contact

Wahana Graha Lt. 2, Jl. Mampang Prapatan No. 2, Jakarta 12760 – Indonesia

Tel: 62 (0)21 7940542

Fax: 62 (0)21 7940543


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