Page 83 - MEOMA Handbook
P. 83

u
                           u
                                                                                                                                             n
                                                                                                                                                     n
                    j
                                                                   J
                                                                                                    J
                                           J
                                                            lj
                                                                                                                                    n
                                                                                                                            n
                                                                                    1
                                                                                                                                 24.
                                                                                                                   25.
                                                                                  26.
                                                                                                                                                       of
                                                                 2)
                                                                            1)
                                                    3)
                                      4)
                                                                                                               Any
                                                                                        any
                                                                                               with
                                                                                                                             This
                                                                                                                                                 Prior
                                                                                                                                       have
                                                                                                                                            either
                                                                                                  heard
                                                                                                                           thereof
                                                                                                                                                 to
                                                                                                                                              inability
                                                                                                       Neither
                                                                                                             referred
                                                                                               the
                                                               the
                                                                                                                        domicile,
                                                 the
                                                                                          condition
                                                                                             obtaining
                                                                                                                                         aggrieved
                                                                                                                                                          aggrieved
                                                                                                                                                    damages.
                                                                                                                                                       default.
                                                                                                                                              to
                                                                                                          Arbitration
                                                                                        action
                                                                                                  and
                                                                                                             to
                                                                                                                                                 the
                                                       Palm
                                          Palm
                                                                                                               dispute
                                                                                  KINDRED
                                                                                                                                 DOMICILE
                                                                                                                                            party.
                                                                                                    proceedings
                                                                                                                           shall
                                                                                                                                                       If
                                                                                             of
                                                                                                                             contract
                                                                                        or
                                                                                                       party
                                                                                                                                       occurred
                                                                       Asosiasi
                                   Coconut
                                                                                                                                            If,
                                                       Oil
                                                                                                          and
                                                                                                                                                 last
                                                                            Wherever
                                                                                                                                                          party
                                                    Wherever
                                                               Palm
                                                                 Wherever
                                                                                                                           be
                                      Wherever
                                                                                                                                         party
                                                                          Gabungan
                                                                                                                   ARBITRATION
                                                                                             an
                                                                                                                                                       the
                                                          (Federation
                                                            (Indonesian
                                            (Federation
                                               (Indonesian
                                                                                                                                            for
                                                                                               PORAM
                                   Oil
                                          Kernel
                                                                                                                             shall
                                                 Malayan
                                                                     Associations)
                                                                                                                                       then
                                                                                        other
                                                                                                                                                 day
                                                               Oil
                                                                                                               arising
                                                                                                                        residence
                                                                                          precedent
                                                                                                                                         and
                                                                                                    against
                                                          of
                                            of
                                                                                                                                                          shall
                                                                                                             arbitration
                                          Oil
                                                                                                       hereto,
                                                                                                                                            any
                                                                                                                             be
                                                                                                                                                 of
                                                                                                          Appeal
                                                                                                  determined
                                                                                                                                              ship/receive
                                                                                                                        or
                                                                       Minyak
                                                                                             award
                                                                                          to
                                                                                                                                       the
                                                                                                               out
                                                            Palm
                                                                                                                                         the
                                               Palm
                                                                                               Rules
                                                                                                                                                          be
                                                                                        legal
                                                                 PORAM
                                                                                                             in
                                      PCOPA
                                                    MEOMA
                                                                                                    the
                                                                                                          in
                                                       shipments.
                                                                                                                           governed
                                                 Edible
                                                                                                               of
                                                                                                       nor
                                                                                                  by
                                                                                                                                              but
                                                                                          the
                                                                                                                                       day
                                                                                               of
                                                                                                                                            other
                                                            Oil
                                      is
                                               Oil
                                                                       dan
                                                                                                                        place
                                                                                                                           in
                                                                                             from
                                                                                                                                                       arbitrator(s)
                                                                          Pengusaha
                                   Producers
                                                                 and
                                                               Refiners
                                                    and
                                                 Oil
                                                                                                                                       of
                                                                                                                                                 making
                                                                                                               this
                                                                                                  the
                                                                                                                             deemed
                                                                                                    other
                                                                                                          force
                                                                                                                                              the
                                                                                                                        of
                                                                                                       any
                                                                                                             Kuala
                                                                                  ASSOCIATIONS
                                                                                                                                                          limited
                                                                                                                           all
                                                                                                                                         default
                                                                     respectively
                                                          Indonesian
                                                                                                                                                 a
                                            Indonesian
                                                                                          right
                                                                                             the
                                                                            GRAPKI/FAMNI
                                          shipments.
                                                                                                          at
                                                                                                                             to
                                                                                                    of
                                                                                                                                                          to
                                                                                                                                         is
                                                                     in
                                                                                          of
                                                                                                                                              date
                                                                                                                                            reason,
                                                                       Lemak
                                                                          Kelapa
                                                                                                          the
                                                                                                                                       default
                                                                            are
                                                                                        proceedings
                                                                                                                                                          the
                                                                                               Arbitration
                                                                                                                                                       consider
                                                                                                                                              of
                                                                     the
                                                                                                                             have
                                                            Producers
                                                                                                                           respect
                                               Producers
                                      mentioned
                                                                                                    them
                                                                                                             Lumpur
                                                                                                               contract,
                                                                                                       persons
                                                                                                                        business
                                                                                                                                         either
                                   Association
                                                                                          either
                                                               Association
                                                                                                    in
                                                                                                          date
                                                                                                                                            either
                                      in
                                                                                                                           by
                                                                                                                                                       the
                                                                                                                        of
                                                                                                                                       shall,
                                                                                                             (or
                                                                          Sawit
                                                                                                                                                 nomination
                                                                                                  Arbitrator(s),
                                                                                               and
                                                          Vegetable
                                                                     case
                                            Vegetable
                                                                                                                                              such
                                                                 GAPKI/FAMNI
                                                                       Nabati
                                   in
                                                                                                          of
                                                    GAPKI/FAMNI
                                                                                                                             been
                                                 Manufacturers'
                                                               of
                                                                                             Arbitrator(s),
                                                                                        against
                                                                                                                                                 of
                                                                     of
                                                                                                                        the
                                      the
                                                                                          party
                                   the
                                                                                                          the
                                                                                                                                            party
                                                                 are
                                                                                                                                                          difference
                                                                                                                                         agreed
                                                          Oils
                                            Oils
                                                    are
                                                                            mentioned
                                                                                                       claiming
                                                                                                               including
                                                                                                                                       failing
                                                                                                    respect
                                                                                        the
                                                                                                                                              notice
                                                                                                                             made
                                                                                               Appeal
                                                                                                  Umpire
                                                            Association)
                                                                            in
                                                                                                                                            fails
                                                                     Crude
                                                                                                                           Malaysian
                                                                                                    of
                                   case
                                                          and
                                                                                                                             in
                                            and
                                                                                                             elsewhere
                                                                                                                        parties
                                                                                                               any
                                                                          Indonesia
                                                                                          hereto
                                                                                             Umpire
                                                                       Indonesia
                                                                                                  or
     80
                                                               Malaysia
                                                                                                                                            to
                                                                                                                                                 shipment
                                   of
                                                                                        other
                                                                                                                                              shall
                                      contract
                                                                                                             if
                                                                                               and
                                                                                                       under
                                                                                                                        to
                                                                            the
                                                                                                          initiation
                                                                                                                                         between
                                                                                                    any
                                                                                          or
                                                 Association
                                                                                                                                                          between
                                                                                                                                                       circumstances
                                                                                                                           law,
                                                                                               it
                                                                                             or
                                                                                        of
                                                          Fats
                                      it
                                            Fats
                                                                     Palm
                                                                 mentioned
                                                                                                                                       amicable
                                                                                                             so
                                                    mentioned
                                                                                                                                              not
                                                                                                          of
                                                                                          of
                                                                                                                                            fulfil
                                                                                               is
                                                               and
                                                                                                                        this
                                                                                                                                                       of
                                      is
                                                                                                                                         the
                                                                                                  Board
                                               Association)/Federasi
                                                                                                                                                          the
                                                                 in
                                   Crude
                                                                     Oil
                                                            /Federasi
                                                                                                    such
                                                    in
                                                 and
                                                                                                                             Malaysia
                                                                                                               question
                                                                                                       either
                                                                                                                                            his
                                                                                                          the
                                                                                        them
                                      to
                                                                                                                           which
                                                                                          any
                                                                                                  of
                                                                                             Board
                                                                                                                                                       the
                                                                 the
                                                                            contract,
                                                                                                               of
                                                    the
                                                                                        in
                                                                                                       of
                                                                          (Indonesian
                                   and
                                                                                                                             and
                                                                                             of
                                                                       (Federation
                                      be
                                                                                                             agreed),
                                                                                               hereby
                                                                                                                                              become
                                                                            it
                                                                                                                                         parties
                                                                                                                        contract
                                                                                                                           shall
                                                                                                               law
                                                                                                                                                          contract
                                                                                                    dispute
                                                                                                                                                 Seilers/Buyers
                                                                                                             in
                                                                                                                                       settlement,
                                                          Association)
                                                                                                                             the
                                                                       of
                                                                                          person
                                                                            is
                                                                                                                                         or
                                                               Gabungan
                                                                                                                                            contract
                                                                                                                                              the
                                               Asosiasi
                                                                                                       them
                                                                                                  Appeal
                                                            Asosiasi
                                            Associations)
                                                                                                                                                       default
                                                                          Palm
                                                                     shipments.
                                                 Gabungan
                                                                                        respect
                                                                                                          arbitration.
                                                                                                                        may
                                                                                                                                       be
                                                                 contract,
                                                                            to
                                                    contract
                                                                                             Appeal
                                                                                                                           have
                                            in
                                                                                                    until
                                                                                                                                                          price
                                                                                                  (as
                                                                                                                                                 may
                                                                                                                                            and
                                                    it
                                                                 it
                                                                                        of
                                                                          Oil
                                                                                                                        be
                                                                                                               arising
                                   Processed
                                                                                                       shall
                                                                            be
                                      construed
                                                                                               expressly
                                                                                                                                            is
                                                                 is
                                                                                                                                                       justify
                                                    is
                                                                                                                                              default
                                                                                             (as
                                            the
                                                                                                               in
                                                                                                                        or
                                                                                                  the
                                               Minyak
                                                            Minyak
                                                                                                                                                          and
                                                                                          claim ing
                                                                                                    such
                                                    to
                                                                 to
                                                                                        such
                                                                                                                                                 notify
                                      as
                                                                                                                                                       it,
                                                                                                             accordance
                                                                                                                                       decided
                                                                       Indonesian
                                                                                                       bring
                                                                                             the
                                                                                                                             construction,
                                                                                                                                                          the
                                                          respectively
                                                    be
                                                               Pengusaha
                                                                                                                                              date
                                                                 be
                                               dan
                                                                                                                           exclusive
                                            case
                                                            dan
                                                                                                                                         subsequently
                                                                                                  case
                                                                                                                                       by
                                                 Pengusaha
                                                                                               agreed
                                   Coconut
                                                          in
                                                                                                                                                       they
                                                                                                                                                 their
                                                                                          under
                                                                          Producers
                                                                                                                                            declared
                                                                                                             with
                                            of
                                                                                                       any
                                                                                                                        become.
                                                                            construed
                                                                                                    dispute
                                                                                             case
                                                                                        dispute.
                                   Oil
                                                                                                                                            to
                                                                                                  may
                                                                                                               connection
                                                          the
                                                                                               and
                                                                                                                                                          market
                                                                                                             the
                                                                                                                                         found
                                                                                                                                              without
                                                                                                                             validity
                                                                                                                                                       may
                                      reference
                                               Lemak
                                                            Lemak
                                                                            as
                                                               Kelapa
                                                                                          either
                                                 Kelapa
                                                                                                                                            be
                                                                                                    shall
                                                                       Vegetable
                                                                                             may
                                            Crude
                                                    construed
                                                                 construed
                                                                                                                                         by
                                                                                                       action
                                                                                                  be),
                                      to
                                                                                                                           jurisdiction
                                                                                                                                            in
                                                                                                                                              the
                                                                                          of
                                                                                                                                       arbitration.
                                                          case
                                                                                                                             and
                                                                                                                                                          price
                                                                                                  in
                                                                 as
                                                    as
                                                                                                       or
                                                                                                    first
                                                                                             be),
                                                                                                                                                       award
                                            and
                                                          of
                                                               Sawit
                                               Nabati
                                      the
                                                            Nabati
                                                                       Oils
                                                 Sawit
                                                                                                                                                          on
                                                                                                             PORAM
                                   shipments.
                                                                                                               therewith,
                                                                                               declared
                                                                                                                                                 Buyers/Sellers
                                                                                          them
                                                                            reference
                                                                                                                                            default
                                                                                                                                                          the
                                                                                                       other
                                                                                                    have
                                                                                             shall
                                                                                          to
                                                                                                                                                 of
                                                                       and
                                                                                                                           wherever
                                                                            to
                                                                                                                                            by
                                                                                               that
                                                                                                               shall
                                                                                                                                         arbitrator(s)
                                                                                                             Rules
                                                                                                                                              agreement
                                                                 reference
                                                    reference
                                                                                             be
                                                                                                                                                       additional
                                                                                                                                                 their
                                                                          Association)/Federasi
                                                                                                                                                          date
                                                                                                                                         to
                                                                                                                                              of
                                                                                                                                            the
                                                                                                                             performance
                                                                                                  accordance
                                                                                                                           the
                                                                                                               be
                                                                                               the
                                                                                                       legal
                                                                                          bring
                                                                                                             of
                                                                            the
                                                                                                    been
                                                            Indonesia
                                                                       Fats
                                                               Indonesia
                                                          Processed
                                                                                             a
                                                                 to
                                            Processed
                                                    to
                                               Indonesia
                                      Philippine
                                                 Indonesia
   78   79   80   81   82   83   84   85   86   87   88