Arbitrator is a person or more who are selected by the disputing parties or appointed by a district court or by an arbitration institution, to give a decision regarding a particular dispute which has been submitted through arbitration. Arbitration is basically a form of civil dispute resolution but not through court channels in general. This is in accordance with the meaning set forth in Article 1 number 1 of Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution (“Law 30/1999”) as follows:
“Arbitration is a way of resolving a civil dispute outside the general court based on an arbitration agreement made in writing by the disputing parties.” In general, regarding the appointment or appointment we can find the arrangement in Article 12 of Law 30/1999 which reads: (1) Those who can be appointed or appointed as arbitrators must meet the following requirements: competent to take legal action; at least 35 years of age; does not have a blood family relationship or similar to the second degree with one of the parties to the dispute; has no financial or other interest in the decision; and have experience and master actively in the field for at least 15 years. (2) Judges, prosecutors, clerks and other judicial officials cannot be appointed or appointed as arbitrators. From the article above, we can see that as long as a person meets the conditions above, he can be appointed or appointed as an arbitrator. This provision also does not require that he or she have to undergo special education to become an arbitrator.
The appointment of an Arbitrator is carried out in the following manner:
Sole Arbitrator: The appointment of a person as the Sole Arbitrator must be the approval of the Petitioner and the Respondent. If the Petitioner and the Respondent do not reach an agreement, BAPMI shall determine the sole appointment. Arbitral Tribunal: The Petitioner and the Respondent appoint their respective Arbitrators, and the latter elects the third as Chair of the Panel. If the two do not reach an agreement, the appointment of the Chairman of the Assembly shall be determined by BAPMI. In a situation where only one party appoints an Arbitrator while the other party does not do so, even though it has already been agreed / assigned to be 3, then that automatically becomes Sole and has the authority to examine and decide the dispute in question. Requirements to become Arbitrator in BAPMI’s Arbitration Basically, the Petitioners and the Respondents can appoint in BAPMI are those listed in BAPMI’s List of Arbitrators. If the Petitioner and / or the Respondent intends to appoint someone from outside the list, they must meet certain requirements and obtain approval from the Management of BAPMI. In carrying out their duties, Arbitrators must uphold the code of ethics, be fair, neutral and independent, free from influence and pressure from any party, and free from conflicts of interest and affiliation, either with one of the parties to the dispute (including their legal counsel) or with a dispute concerned. If these things are violated, then the person concerned must stop or be terminated from his duties.
