Difference between Adjudication and Arbitration

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Difference between Adjudication and Arbitration

In resolving disputes through the Indonesian Insurance Mediation & Arbitration Board (BMAI) or the Indonesian National Arbitration Board (BANI), there are three stages of dispute resolution, namely Mediation, Adjudication, and Arbitration. Every dispute in a court or arbitration body, mediation is always offered first in the hope that the disputing parties can make peace. 


Mediation is carried out by both parties to the dispute and is handled by a mediator. However, if no agreement is reached, the second stage will be adjudication. If the second stage is not approved by the applicant, then the third stage is entered, namely arbitration.


So, many people ask, what is adjudication? How is it different from Arbitration? Adjudication is similar to Arbitration but with the following differences:


Arbitration involves all parties bound by the Arbitration agreement. Whereas in the Adjudication only retail consumers with small claims can become the applicant (plaintiff) and the respondent (defendant) is a financial service provider/financial service institution;


Arbitration does not have an expiration date other than those stipulated in civil law, while the submission of an Adjudication application is limited to a maximum of 30 days after the parties have signed an Adjudication agreement which is made no later than 30 days after the Mediation taken by the parties fails to reach an amicable settlement;


The arbitrators are chosen by the parties, while the adjudicators are chosen by the BMAI/BANI Management;


In the Arbitration trial, there are submissions for replicas and duplicates, while in the Adjudication only the answers (response of the respondent/defendant to the claim of the applicant/plaintiff) only come;


Arbitration proceedings are intended to seek legal facts, while Adjudication is only general facts;


The arbitrator decides on the basis of justice and propriety (ex aequo et bono) if the parties are given such authority, while the adjudicator must decide on the basis of justice and propriety only;


the arbitration award is final and binding, while the adjudication decision will only be final and binding if the applicant (plaintiff) who is a consumer accepts the decision;



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Difference between Adjudication and Arbitration

Difference between Adjudication and Arbitration

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In resolving disputes through the Indonesian Insurance Mediation & Arbitration Board (BMAI) or the Indonesian National Arbitration Board (BANI)...
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In resolving disputes through the Indonesian Insurance Mediation & Arbitration Board (BMAI) or the Indonesian National Arbitration Board (BANI), there are three stages of dispute resolution, namely Mediation, Adjudication, and Arbitration. Every dispute in a court or arbitration body, mediation is always offered first in the hope that the disputing parties can make peace. 


Mediation is carried out by both parties to the dispute and is handled by a mediator. However, if no agreement is reached, the second stage will be adjudication. If the second stage is not approved by the applicant, then the third stage is entered, namely arbitration.


So, many people ask, what is adjudication? How is it different from Arbitration? Adjudication is similar to Arbitration but with the following differences:


Arbitration involves all parties bound by the Arbitration agreement. Whereas in the Adjudication only retail consumers with small claims can become the applicant (plaintiff) and the respondent (defendant) is a financial service provider/financial service institution;


Arbitration does not have an expiration date other than those stipulated in civil law, while the submission of an Adjudication application is limited to a maximum of 30 days after the parties have signed an Adjudication agreement which is made no later than 30 days after the Mediation taken by the parties fails to reach an amicable settlement;


The arbitrators are chosen by the parties, while the adjudicators are chosen by the BMAI/BANI Management;


In the Arbitration trial, there are submissions for replicas and duplicates, while in the Adjudication only the answers (response of the respondent/defendant to the claim of the applicant/plaintiff) only come;


Arbitration proceedings are intended to seek legal facts, while Adjudication is only general facts;


The arbitrator decides on the basis of justice and propriety (ex aequo et bono) if the parties are given such authority, while the adjudicator must decide on the basis of justice and propriety only;


the arbitration award is final and binding, while the adjudication decision will only be final and binding if the applicant (plaintiff) who is a consumer accepts the decision;

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