About Badan Arbitrase Nasional Indonesia (BANI Arbitration Center)
Badan Arbitrase Nasional Indonesia (BANI Arbitration Center) is an arbitral institution, providing a range of services in relation to arbitration, mediation, binding opinion and other form of dispute resolutions.
BANI was established in 1977 by the Indonesia Chamber of Commerce and Industry (KADIN INDONESIA) with the decree/SK No. SKEP/152/DPH/1977 on 30 November 1977, managed/governed by Governing Board and Advisory Board composed by prominent public figures and business personalities.
BANI Arbitration Center is located in Jakarta with representative offices across Indonesia’s big cities such as Surabaya, Bandung, Medan, Denpasar, Palembang, Pontianak, and Jambi.
Committed to complete neutrality and independence in its role as an arbitral institution, BANI has developed its own rules and procedures for arbitration, including the time frame for an award to be issued by the Arbitral Tribunal. This rules and procedures used in both domestic and international arbitration that conducted in Indonesia.
With the stature as the first and leading Indonesian arbitration organization in the International stage, with over than 4 decades of experience and with more than 100 listed arbitrators both foreign and Indonesian nationals from various backgrounds, BANI Arbitration Center is the obvious choice for arbitration in Indonesia.
In Indonesia, the interest to settle disputes through arbitration was significantly growing with the enactment 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 dispute settlement outside the courts has become the choice of business entities to resolve their dispute. Besides its immediate, efficient and final characteristics, arbitration follows the principle of win-win solution and a direct method as there is no appeals and cassation.
Other benefits of arbitral award are that the award is final and binding, besides has confidentiality characteristics, in which the proceeding and the award are not published. Based on common and mutual 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.
BANI was established for the following purposes:
1. 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.
2. 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.
3. To act autonomously and independently in regard of upholding law and justice.
4. To carry our studies and research and trading/education programs pertaining to arbitration and alternative dispute resolution.
BANI is one of the founding institutions and members of Asia Pacific Regional Arbitration Group (APRAG), BANI also one of the founding institutions of Regional Arbitral Institute Forum (RAIF), and BANI is also a member of the International Council for Commercial Arbitration (ICCA).
BANI has made cooperation agreements with arbitration associations and centres in several countries for the purpose of promoting and developing international commercial arbitration and other forms of ADR amongst companies, business personalities and other parties in those countries. These arbitration associations and centres include the following institutions
• The Japan Commercial Arbitration Association (JCAA);
• The Netherlands Arbitration Institute (NAI);
• The Korean Commercial Arbitration Board (KCAB);
• Australian Centre for International Commercial Arbitration (ACICA);
• The Philippines Dispute Resolution Centre(PDRCI);
• Hong Kong International Arbitration Centre(HKIAC);
• The Foundation for International Commercial Arbitration dan Alternative Dispute Resolution (SICA-FICA);
• The Singapore Institute of Arbitrators (SIArb);
• Arbitration of Association of Brunei Darussalam (AABD);
• Kuala Lumpur Regional Centre for Arbitration (KLRCA);
• The Belgian Centre for Arbitration and Mediation (CEPANI).
Board of Advisors
1. Rosan Perkasa Roeslani, MBA, M.A.,
(Chairman of the KADIN Indonesia [Indonesian Chamber of Commerce] – ex officio.
2. Prof. Dr. Mochtar Kusuma Atmadja, S.H., LL.M.
3. Prof. Dr. Karl-Heinz Böckstiegel
4. Prof. Dr. Colin Yee Cheng Ong
The GOVERNING BOARD of BANI consists of:
- Chairman : M. Husseyn Umar, S.H., FCB., FCIArb.
- Vice-Chairman : Anangga W. Roosdiono, S.H., LL.M., FCBArb.
Prof. Huala Adolf, S.H., LL.M., Ph.D., FCBArb.
- Secretary General : Dr. N. Krisnawenda, M.Si., M.H., FCBArb.