BINDING OPINION &
In the absence of any dispute, both parties
in a contract can aks 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
The BANI recommends all parties wishing to
make reference to BANI arbitration, to use the following
standard clause in their contracts:
“All disputes arising from this contract
shall be binding and be finally settled under the
administrative and procedural Rules of Arbitration of Badan
Arbitrase Nasional Indonesia (BANI) by arbitrators appointed
in accordance with said rules”.