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BANI was established for
the following purposes :
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.
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.
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