Arbitration Rules, 2000

L.N. 53 of 2000

ARBITRATION ACT, 1996

(ACT NO. n OF 1996)

Arbitration Rules, 2000

IN EXERCISE of the powers conferred by paragraph (ii) of

subsection (1) and subsection (7) of section 10 of the Arbitration Act,

1996, the Malta Arbitration Centre, with the concurrence of the Minister

of Justice and Local Government, has made the following rules

The title of these rules is the Arbitration Rules, 2000.

Title.

Interpretation.

(Rule 17)

Part I - Domestic Arbitration

Tariff A

Filing fees

The following non-refundable fees are payable in full by a filing party to the

1. For the filing of a notice of arbitration, with a claim, a fee as

provided in Table 1 shall be charged.

2. For the filing of a statement of claim

3. For the filing of a statement of defence........................................

4. For the filing of a statement of a defence with a counter-claim,

a fee as provided in Table 1 shall be charged.

5. For the filing of a statement of defence to a counter-claim

6. For the filing of any additional claim, a fee as provided in Table

1 shall be charged.

7. For the filing of any application

8. For the filing of any notice

9. For every service

10. For every copy, for every page of the original ..

11. For every taxed bill of costs

12. For the filing of a technical referee's report

13. For every decree, award or partial award

14. For the examination of a witness

15. For the filing of any other act

16. For the registration of an award

17. For the issue of certified true copies of the original of the award

or any other document filed in arbitral proceedings, per page.

For any reference to the Centre for a decision..........

Table 1

Amount of claim in

Fees

Malta liri

Malta liri

from a to 500 .................................................

above 500 but under 1,500 ............................

above 1,500 but under 5,000 .........................

above 5,000 but under 10,000 .......................

above 10,000 but under 20 ,000 .....................

above 20,000 but under 50 ,000 .....................

above 50,000 but under 100,000 ...................

above 100,000 but under 250,000 .................

1,000

above 250,000 but under 500 ,000 .................

1,500

above 500 ,000 but under 1,000,000 ..............

1,750

2,000 + 0.25% of any

in excess of 1,000 ,000 ...................................

amount in excess of

1,000,000

TaritTB

Fees payable to sole Arbitrators or to Chairmen of arbitral tribunals appointed

under the Arbitration Act

Table 2

Amount of claim in

Arbitrators' Fees

Maltaliri

Malta liri

from a to 500 .....................................................

above 500 but under 1,500 ................................

above 1,500 but under 5,000 .............................

above 5,000 but under 10,000 ...........................

above 10,000 but under 20 ,000 .........................

above 20 ,000 but under 50 ,000 .........................

above 50,000 but under 100,000 .......................

1,250

above 100,000 but under 250 ,000 .....................

2,000

above 250 ,000 but under 500 ,000 .....................

3,500

5,000

above 500,000 but under 1,000,000 ..................

5,000 + 0.3% of any

in excess of 1,000 ,000 .......................................

amount in excess of

1,000,000

1. Arbitrators, other than sole Arbitrators and Chainnen of arbitration tribunals,

shall each be paid 50% of the above fees.

2. Members of arbitration tribunals may enter into an agreement with the parties

to reduce the above fees.

TarifTC

Representation!Assistance Fees

An all inclusive ad valorem fee of 5% or twenty-five Malta liri (Lrn25), whichever

is the greater, shall be payable by the parties to any person for representation/assistance

services rendered, provided that any person shall be free to agree upon a different fee

structure with his client in respect of such representation/assistance services.

TarifTD

Other Fees

In addition to the fees set out in this Part, the Centre shall charge such other fees

or costs as may be detennined by the Board from time to time for the use of its services

and premises. Such fees and costs shall be published in a notice which will be posted at

the Centre.

General Notes

1. When a claim, counter-claim or any additional claim is not a monetary amount,

and in cases where the amount is not stated, each of the parties concerned shall declare

under oath the value of its claim. Such declaration shall be made upon the filing of the

notice of arbitration or upon the filing of a counter-claim, or any additional claim as

the case may be. In exceptional circumstances, the Centre may revise the above

mentioned value taking into consideration various factors such as the anticipated length

of time which the arbitration process is expected to take, and the complexity of the

issue.

2. In exceptional circumstances, the Centre may agree to lower the above fees

if it feels that there exist justifiable circumstances for such reduction.

3. A fee of twenty Malta liri (Lrn20) is payable by a party causing a postponement

of any hearing before a single arbitrator.

4. A fee of fifty Malta liri (LmSO) is payable by a party causing a postponement

of any hearing before a three arbitrator panel.

PART II -International Arbitration

Filing fees

The following non-refundable fee is payable in full by a filing party to the Centre

for services provided under the Arbitration Act when a claim, counter-claim or additional

claim is filed, as provided in the following Tariff A

Tariff A

Filing Fees

Amount of claim in

US$

US$

from a to 10,000 ..................................................

above 10,000 but under 50 ,000 ...........................

above 50,000 but under 100,000 ........" ...............

1,250

above 100,000 but under 250 ,000 .......................

2,000

above 250,000 but under 500,000 .......................

3,000

above 500,000 but under 1,000 ,000 ....................

4,000

above 1,000,000 but under 5,000 ,000 .................

6,000

negotiable

in excess of 5,000 ,000 .........................................

1. When a claim or counter-claim or additional claim is not a monetary amount,

an appropriate filing fee will be determined by the Centre which, in no event, will be

less than US$ 1,250. In exercising its discretion, the Centre may take various factors

into consideration, such as the anticipated length of time which the arbitration process

is expected to take, and the complexity of the issue.

2. The minimum filing fee for any case having more than one arbitrator is

US$ 1,500.

3. For each day of hearing held before a single arbitrator, an administrative fee

of US$ 150 is payable by each party to the Centre.

4. For each day of hearing held before a three arbitrator panel, an administrative

fee of US$ 250 is payable by each party to the Centre.

5. A fee of US$ 200 is payable to the Centre by a party causing a postponement

of any hearing before a single arbitrator.

6. A fee of US$ 350 is payable to the Centre by a party causing a postponement

of any hearing before an arbitral tribunal composed of more than one arbitrator.

7. In addition to the fees set out in this Part, the Centre shall charge such other

fees or costs as may be determined by the Board from time to time for the use of its

services and premises. Such fees and costs shall be published in a notice which will be

posted at the Centre.

In these rules, unless the context otherwise requires

Act II of 1996.

"Act" means the Arbitration Act, 1996;

"appropriate form" means the relevant form issued by the

Centre;

"Centre" means the Malta Arbitration Centre;

"Chairman" means the Chairman of the Board;

"Notice" means Notice of Arbitration referred to in rule 3;

"Registrar" means the Registrar of the Centre.

(Rule 23)

MODEL DOMESTIC ARBITRATION CLAUSE

Any dispute, controversy or claim arising out of or relating to this contract, or the

breach, termination or invalidity thereof, shall be settled by arbitration in accordance

with the rules of the Malta Arbitration Centre as at present in force.

Note - Parties may wish to consider adding

(a) the appointing authority and administrator shall be the Malta

Arbitration Centre;

(b)

the number of arbitrators shall be

(one or three);

(c)

the place of arbitration shall be Malta;

(d)

the language(s) to be used in the arbitral proceedings shall be the

....................................... ,

(e)

the applicable substantive law shall be the Law

'"

.

(Rule 23)

MODEL INTERNATIONAL ARBITRATION CLAUSE

Any dispute, controversy or claim arising out of or relating to this contract, or the

breach, termination or invalidity thereof, shall be settled by arbitration in accordance

with the rules of the Malta Arbitration Centre as at present in force.

Note - Parties may wish to consider adding

(a)

- the appointing authority and/or

- the administrator

- shall be the Malta Arbitration Centre;

(b)

the number of arbitrators shall be

(one or three);

the place of arbitration shall be

;

(c)

(d)

the language(s) to be used in the arbitral proceedings shall be the

....................................... ,

(e)

the applicable substantive law shall be the Law

..

(1) The Notice of Arbitration shall be drawn up on the Noticeof

appropriate form and shall set out in separate paragraphs, individually Arbitration.

numbered, the matters listed in subsection (3) of section 17 of the Act.

The Notice may also include the matters listed in subsection (4) of the

same section.

(2) The Notice shall be filed with the Registrar and shall be

accompanied by such number of copies as there are respondents. The

Registrar shall cause such notice to be served on the other parties.

(3) A declaration indicating the name and address of any

person, if any, who has been chosen to represent or assist the claimant

and whether such appointment is made for the purpose of representation

or assistance for the purposes of section 18 of the Act shall be filed with

the Registrar.

(4) The claimant shall pay the fee prescribed in Tariff A of the

First Schedule to these rules together with the filing of the Notice.

Where the parties have not agreed on the number of arbitrators,

the number of arbitrators shall be established in accordance with section

19 of the Act.

(1) (a) Where the parties have agreed on the person to be

chosen and appointed as sale arbitrator, the parties may by a joint

note on the appropriate form to be filed with the Registrar indicate

the name, profession, qualifications, nationality, address and

experience of the arbitrator chosen.

(b) Where the parties have not agreed on the person to be

chosen as sale arbitrator within thirty days of the receipt of a

proposal for that purpose by the other party, either party may file

with the Registrar a request on the appropriate form for the

appointment of a sale arbitrator by the Chairman in accordance

with section 20 of the Act.

(c) The said request shall be accompanied by such number

of copies as there are parties. The Registrar shall, as soon as may

be, cause such request to be served on the other parties.

(d) The party filing the note or the request, as the case may

be, shall pay the fee prescribed in Tariff A of the First Schedule to

these rules, together with the filing of the said note or request, as

the case may be.

(e) Where a request for the appointment of a sale arbitrator

is made, the Chairman shall appoint the sale arbitrator within thirty

days of the service of the request to the other parties in the dispute.

(2) (a) Where three arbitrators are to be appointed the

claimant and the respondents, shall by a separate note on the

appropriate form filed with the Registrar indicate the name,

profession, qualifications, nationality, address and experience of

the arbitrator chosen by them. Where the two arbitrators have

chosen the third arbitrator, they shall by a joint note filed with the

Registrar indicate the name, profession, qualifications, nationality

and address of the third arbitrator.

(b) Where the two arbitrators have failed to agree on the

choice of the third arbitrator they shall file a note on the appropriate

form to that effect with the Registrar who shall cause such note to

be served on all the parties to the case and the provisions of

paragraph (1) of this rule shall mutatis mutandis apply to the

appointment of the third arbitrator by the Chairman.

(3) In any note or request filed pursuant to this rule, there

shall be inserted an indication of the notice of arbitration filed in

accordance with these rules and the reference number given to it by the

Registrar on the filing of such notice.

(4) Any note by either party appointing an arbitrator shall

be accompanied by a statement by such arbitrator accepting his

appointment together with a declaration by him confirming his

independence and impartiality in terms of section 23 of the Act.

(5) (a) A party intending to challenge an arbitrator in terms

of section 25 of the Act shall notify the Registrar of such challenge

by means of a note on the appropriate form which shall state the

reasons for such challenge.

(b) The Registrar shall cause such notice to be served on

the challenged arbitrator, and on the other parties to the arbitration

as well as to the other arbitrators, if any, as soon as may be.

(c) Where the challenged arbitrator has withdrawn or the

other parties agree to the challenge within fifteen days from the

service thereon of the said notice, they shall file a note on the

appropriate form to that effect within such term with the Registrar,

and a substitute arbitrator shall be appointed by the authority or

person that shall have appointed the challenged arbitrator in

accordance with these rules.

(d) Where within the said term the challenged arbitrator has

not withdrawn, or the challenge has not been agreed to by the other

party, the challenge shall be determined by the Chairman in

accordance with section 26 of the Act, within thirty days of the

referral to him, by the Registrar, of the challenge.

(6) This rule shall apply, mutatis mutandis, to the

appointment of an arbitrator in accordance with section 27 of the Act

and with the appointment of an arbitrator or arbitrators in accordance

with section 21 A of the Act.

The statement of claim shall be made on the appropriate form Statement

afclaim.

and shall contain the particulars referred to in section 29 of the Act.

The statement of defence shall be made on the appropriate ~~~=.

form and shall contain the particulars contained in section 30 of the

Act.

A counter-claim or a claim relied upon for the purpose of a

set-off shall be made on the appropriate form and shall contain the

particulars referred to in subsection (4) of section 30 of the Act.

The determination by an arbitral tribunal on a plea of non-

jurisdiction or any other matter referred to in section 32 of the Act shall

be communicated to the Registrar within fifteen days of its delivery.

Any interlocutory orders by an arbitral tribunal extending

the times, or ordering the production of any statement or evidence, shall

be communciated to the Registrar by the tribunal.

The tribunal shall regulate the production of evidence before

it to ensure compliance with the provisions of the Act. Any application

for the subpoena of a witness before an arbitral tribunal shall indicate

that the witness is to appear in accordance with the Act.

There shall be paid upon the filing of any act in the Registry

of the Centre a filing fee as determined in the First Schedule to these

rules as well as any expenses that may be due in connection therewith.

A request for the registration of an award by the Centre shall

be accompanied by the fee prescribed in the First Schedule to these

rules.

(1) The request for an interpretation of an award shall be

made on the appropriate form and shall be filed with the Registrar.

(2) The request shall be accompanied by such number of

copies as there are parties.

(3)

The request shall contain

(a)

the name of the parties and arbitrators;

(b)

the reference number of the award;

(c)

the date of the final award;

(d) a reference to the part of the award that needs to be

interpreted; and

(e)

reasons for the request.

(1) The request for the correction of an award shall be made Correction

on the appropriate form.

(2) The said request shall be filed with the Registrar and

shall be accompanied by such number of copies as there are parties.

(3)

The request shall contain the following information

(a)

name of the parties;

(b)

name of the arbitrators;

(c)

reference number of the award proceedings;

(d)

date of the final award;

(e)

an indication to the corrections requested; and

reasons for the making of such corrections.

(f)

(1) The request for an additional award shall be made on Additional

award.

the appropriate form.

(2) The said request shall be filed with the Registrar and

shall be accompanied by such number of copies as there are parties.

(3)

The request shall contain the following infonnation

(a)

name of the parties;

(b)

name of the arbitrators;

(c)

reference number of the award proceedings;

(d)

date of the final award;

(e) an indication of the claims presented in the arbitral

proceedings but omitted from the award; and

reasons for the making of such a request.

(f)

(1) Costs shall be levied and taxed by the Registrar in terms Costs.

of the First Schedule to these rules.

(2) The fees payable to arbitrators and to persons

representing or assisting the parties shall be those established in the

First Schedule to these rules.

(1) An arbitral tribunal may apply the provisions of the

Electro-Magnetic Recording of Proceedings Act to arbitration

proceedings.

(2) The arbitral tribunal may take down in indelible ink the

evidence of a witness and shall insert both the hand written version and

a typed copy, certified to be a true copy of the original by the arbitrator,

in the records of the award. Should the witness desire to correct or add

anything in or to the deposition as typed, the tribunal shall make a note

of such addition or correction, and in any such case it shall be lawful

for either of the parties to request the tribunal to reproduce the witness

before the arbitral tribunal in order that he may confirm the addition or

correction.

(1) On appointment, an arbitrator shall take an oath of office

in the form hereunder

swear/solemnly affirm that I will perform my

"1..

duties as arbitrator honestly, impartially, with due diligence, and

without fear or favour according to law.".

(2) In the case of an arbitrator who is selected from the panel

of arbitrators appointed by the Centre, he shall take his oath only once,

upon his appointment to the panel.

Once an arbitrator or, where an arbitral tribunal is composed

of three arbitrators, the arbitrators have delivered the final award, he or

they, as the case may be, shall declare under their hand in the final

award that the award has been given in conformity with the provisions

of the Act and of these rules.

Any party to an arbitral award may request the Registrar to

provide him with a certified true copy of the award. The Registrar

shall also issue to such a party a certificate of registration.

Arbitral proceedings pending before the coming into force

of the Act shall be registered with the Centre in accordance with the

foregoing provisions of these rules and may not proceed until they are

so registered.

The parties to a contract may use a model arbitration clause

set out in the Second Schedule to these rules.

A notice objecting to the registration of an award in

accordance with subsection (2) of section 72 of the Act shall be

accompanied by an official copy of the judicial act filed in court to set

aside the award.

The date of hearings and any time limits shall be fixed by the Date

bearings.

tribunal subject to the provisions of the Act. The tribunal shall keep

the Registrar informed with the date of hearings and with any time

limits set by it.

The Registrar may for good cause extend any time within Registrar may

extend times.

which anything is, in accordance with these rules, to be done.

In any matter not provided in these rules, the parties shall act Other matters.

in accordance with such directives as may be given by the arbitral

tribunal, or where the arbitral tribunal is not fully constituted, by the

Registrar.

The Centre shall treat all documents filed with it as Confidentiality.

confidential. The proceedings before the tribunal shall not be public.

Wherever anything is to be made on a form to be provided Electronic

by the Centre, it shall be sufficient if the thing is made in accordance form.

with the format provided in electronic form by the Centre.

(1) Besides the manner provided for in section 16 of the Service.

Act, the Registrar may effect service of any notice, notification,

communication or proposal to any party, by mailing the same by

registered post to one ofthe addresses of the person to be notified referred

to in section 16 of the Act.

(2) Where the registered letter is not accepted or cannot

otherwise be delivered at such address for any reason, the Registrar

may publish a notice in a local daily newspaper stating that the document

to be delivered has been deposited at the Registry and such document

shall be deemed to have been received by the person indicated in the

notice five working days after the date when such notice has been

published.

(3) Where a person files notice of arbitration he shall file

therewith an address where any document in connection with the

arbitration may be served on him and where any document has been

posted by registered mail to any such address it shall be deemed to have

been received by the addressee on the next working day following such

postage.

(4) Where a person has been served with a notice of

arbitration he shall file with the Registrar an address where any document

in connection with the arbitration may be served on him and the

provisions of paragraph (3) hereof shall mutatis mutandis apply to any

document posted by registered mail to such address.