What is Bali International Arbitration and Mediation Center (BIAMC)?

BIAMC is an independent, neutral arbitration service center which provides facilities and ancillary professional services to the international business community. We serve as a primary dispute resolution resource in case management and a partner in negotiation, mediation, arbitration, and restorative endeavors.

What is the difference between the physical and juridical seat of arbitration?

The physical seat of arbitration can literally be anywhere. It can be chosen by both the disputing parties anytime after the original agreement has been made and for any reason. It should be a place of neutrality and convenience for all parties involved. On the other hand, the juridical seat is the seat designated by the original agreement to which the arbitration laws apply. An arbitration award, despite the physical location of the hearings or proceedings, will retain the legal substance of the juridical seat. For example, if the arbitration agreement designates Singapore as the juridical seat and the actual physical location of the arbitration hearing was in Bali, the award would still read as a Singapore arbitration award.

Can BIAMC provide legal advice?

No. BIAMC’s position is always unequivocally independent and neutral. We do not act or represent the interests of any disputant and/or involved party directly nor do we provide any legal advice. However, we are able to assist with referring any request to a third-party source should it be needed.

What are the benefits of arbitration?

Please see our ‘Why Choose International Arbitration’ link.

What are the benefits of mediation?

Please see our ‘Why Choose Mediation’ link.

What types of disputes does BIAMC facilitate?

BIAMC facilitates a wide range of disputes, including but not limited to corporate and commercial, trade and investment, construction/engineering, shipping/maritime, insurance, intellectual property, and banking and finance.

What are BIAMC’s operating hours?

BIAMC’s operating hours are Monday through Friday, 9.00 am to 5.30 pm (WIB). Outside of those hours, we remain contactable at all times at info@baliarbitration.org. Most importantly, we are willing to accommodate all the time-sensitive needs of our clients with respect to hearings, special witness time constraints, and administrative office needs.

Can BIAMC administer facilitate in languages other than English?

Yes. BIAMC has proficient fluency in English as well as Bahasa Indonesia, Chinese, and Malay. If the arbitration agreement so requires, BIAMC is generally able to facilitate the case in languages other than English. Where necessary, parties may be asked to provide translations of documents.

Can BIAMC facilitate arbitrations where the governing law of the contract is not Indonesia law?

Yes. BIAMC is able to facilitate arbitrations where the governing law of the contract is not Indonesian law.

Can BIAMC facilitate arbitrations where the seat of arbitration is not Bali or Jakarta?

Yes. BIAMC is able to facilitate arbitrations where the seat of arbitration is not Bali or Jakarta.

Can BIAMC appoint arbitrators in ad hoc cases?

No. Since BIAMC is not an arbitration institution, it cannot appoint arbitrators. However, we can refer disputing parties to other appointing authorities that are able to give a broad range of arbitrator options. BIAMC is also not able to perform fund-holding services in ad hoc arbitrations.

Can BIAMC facilitate an arbitration or mediation when international parties have no connection with Indonesia?

Yes. Approximately half of the arbitration and mediation hearings BIAMC facilitates have absolutely no connection with Indonesia. We can accommodate and facilitate proceedings from any jurisdiction.

Must arbitrators be lawyers?

No. Subject to the circumstances of the case, it is not necessary for arbitrators to be lawyers or to have a legal background whatsoever. In fact, there are engineers, quantity surveyors, architects, and master mariners on most reputable arbitrator panels.

What is the difference between arbitration and mediation?

In arbitration, the arbitrator assesses the legal rights and wrongs of a dispute and makes a decision. Once the arbitrator has arrived at a decision or bestows an award, it is binding on parties regardless if they agree with it or not. Accordingly, an arbitral award is similar to a court case verdict from a judge, except that the process neither takes place in a courtroom nor is open to the public.

In mediation, the mediator helps parties to settle their disputes through a process of discussion and narrowing of differences. Consequently, the mediator helps the parties to arrive at an agreed solution rather than render a final decision. A successful mediation results in an agreement signed by the parties, whereas a contested arbitration results in a decision by the arbitrator. In mediation, there is no such thing as a winning or losing party because there is no binding decision. Instead, the parties are free to agree on both legal and non-legal solutions to the dispute which best suit their respective interests and needs.