MT
ATT DWAR L-ARBITRA
Table of Provisions (80)
Statutory Text (80 Articles)
Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 17,656, 24 ta’ Settembru, 2004
Taqsima B
REGOLI TA’ L-2004 DWAR L-ARBITRA
ARRAN:AMENT TAR-REGOLI
Dispo]izzjonijiet Preliminari
It-Tribunal ta’ l-Arbitra;;
Il-Proçedimenti ta’ l-Arbitra;;
Ordnijiet u Deçi]jonijiet
Spejje]
Provvedimenti u Linji ta’ Prinçipju
Kunfidenzjalità u Materji O[ra
Re;istrazzjoni ta’ Deçi]jonijiet ta’ Arbitra;; Barranin
Trasferiment ta’ Proçedimenti mill-Qorti jew Tribunali O[ra
Arbitra;;i Internazzjonali
Dispo]izzjonijiet ta’ Dixxiplina
T[assir u Riservi
Skedi
Regoli dwar Proçeduri ta’ Arbitra;; fil-Qosor
Regoli dwar Proçeduri ta’ Arbitra;; ta’ Talbiet li
jikkonçernaw Vetturi Bil-Mutur
Regoli dwar Proçeduri ta’ Arbitra;; ta’ Condominium
Regoli dwar Proçeduri ta’ Arbitra;; ta’ Soçjetajiet
Koperattivi
Appendiçi
Drittijiet u Spejje]
Mudelli ta’ Klawsoli ta’ Arbitra;;
A.L. 421 ta’ l-2004
ATT DWAR L-ARBITRA
(Kap. 387)
Regoli ta’ l-2004 dwar l-Arbitra;;
BIS-SA{{A tas-setg[at mog[tija bil-paragrafu (ii) tas-subartikolu
(1) ta’ l-artikolu 10 ta’ l-Att ta’ dwar l-Arbitra;;, iç-?entru dwar l-
Arbitra;; ta’ Malta g[amel, bi ftehim mal-ViçI Prim Ministru u Ministru
tal-:ustizzja u l-Intern, dawn ir-regoli li ;ejjin> -
Taqsima I
DISPO}IZZJONIJIET PRELIMINARI
(1) The title of these rules is the Arbitration Rules, 2004.
(2) These rules shall come into force on the 24th September,
2004.
Short Form Arbitration Rules
These Rules shall apply when the parties expressly agree, in an arbitration clause or agreement,
that the arbitration will be governed by the Short Form Arbitration Rules of the Malta Arbitration
Centre.
These Rules are combined with the Motor Claims Arbitration Rules, the Condominium
Arbitration Rules or the Co-operative Societies Arbitration Rules which appear in the following
schedules to these Rules.
Special tariffs apply to short form arbitrations due to the greater role taken on by the parties in
preparation of the documentation for the arbitrator, the probability of no hearings and the lesser
administrative role undertaken by the Malta Arbitration Centre.
Parties who are not prepared to co-operate and be organised in preparing the documentation
before commencing the arbitration should not select these short form rules. In such a case, the
Arbitration Rules, 2004 shall apply in full and the ordinary tariffs shall be applicable.
1. The arbitration procedures shall be those applicable to domestic arbitration, namely Part IV
of the Arbitration Act, 1996 and the Arbitration Rules, 2004, but subject to the
determinations and modifications made herein.
2. The parties agree that the arbitral tribunal is composed of one arbitrator.
Part A
Documents Only Procedures
3. The parties agree that, except where clause 10 applies, the subject matter of the dispute is
such that the arbitrator may determine the dispute by means of reviewing only the
documents and submissions submitted by the parties and a hearing shall not be required.
4. The parties agree that the Notice of Arbitration (the “Notice”) shall be signed by both
parties and filed by the claimant, the arbitrator chosen shall be named therein and the
respondent waives the right to be notified therewith by the Registrar provided that if a party
requires to file a Notice in order to preserve any rights and avoid the operation of a time bar
or other rule of prescription, a Notice may be filed unilaterally at any time. In such case,
reference shall be made to the fact that the parties have agreed the Short Form Arbitration
Rules and the Registrar shall notify the Notice to the respondent and inform the parties that
these Rules shall continue to apply with immediate effect, giving the parties time-limits for
B
(a) the agreement on the arbitrator, failing which the Chairman shall proceed to appoint
an arbitrator; and
(b) the filing of all the documents as contemplated hereby.
5. If the arbitrator is not named therein, the submission of the Notice shall be deemed to be a
formal request by the parties to the Chairman to immediately appoint an arbitrator in terms
of the Act.
6. The parties agree that the Notice shall be accompanied by
i.
the statement of claim as required by article 29 of the Act together with all
documents which the claimant may wish to submit to the arbitrator to enable him
to reach his decision on the claim;
ii.
the statement of defence as required by article 30 of the Act together with all
documents which the respondent may wish to submit to the arbitrator to enable
him to reach his decision on the defence;
iii.
up to one additional written statement by claimant in terms of articles 31 and 33 of
the Act;
iv.
up to one additional written response by respondent in terms of articles 31 and 33
of the Act;
v.
a declaration by the parties that they are in possession of all the documents filed
with the Notice.
7. Against the payment of an administration fee, the Registrar may give all necessary orders
and open a docket at the Centre into which the parties may file their respective documents
and this so as to assist the parties in collating all necessary documents required by clause 6
for the filing of the Notice.
8. The arbitrator shall consider the documents and reach his decision on the referral within
thirty days of receiving the documents from the Centre. He may extend such period by an
additional thirty days by notice in writing to the parties copied to the Centre.
9. If the arbitrator believes that additional documents, submissions or a hearing are required
he may exceptionally so order and this at the cost of whichever party is in default or, in
case of a hearing, at the provisional cost of the party he may order or both in equal shares.
Part B
Documents plus Limited Additional Evidence
10. The parties agree that when the dispute relates to issues on which evidence is to consist of
or include statements by means of affidavits and where the other party has reserved the
right to cross-examine the witness, then the Notice shall be accompanied by
the statement of claim as required by article 29 of the Act together with all
documents and affidavits of all persons who can give evidence on the facts,
which the claimant may wish to submit to the arbitrator to enable him to reach
his decision on the claim;
the statement of defence as required by article 30 of the Act together with all
documents and affidavits of all persons who can give evidence on the facts,
which the respondent may wish to submit to the arbitrators to enable him to
reach his decision on the defence;
any further written statement by claimant in terms of articles 31 and 33 of
the Act;
any further written statement by respondent in terms of articles 31 and 33 of
the Act;
any reservations to the right to cross-examine any witness for whom an
affidavit has been filed with any of the statements by the parties.
11. The parties making reservations to the right to cross-examine witnesses who have made
affidavits shall endeavour to carry out all cross-examinations and all additional or final oral
submissions during one hearing. Any hearing in excess of one of a duration of more than
two hours shall entitle the arbitrator to the additional hourly fees stated in Appendix A,
unless otherwise agreed by him at the time of his acceptance to act as arbitrator in the
Part C
General
12. The parties may agree to file a joint statement of the facts and the respective claims of the
parties to the dispute and that joint statement shall replace the statement of claim and
defence as well as the submissions of the parties. In such cases the joint statement and any
documents attached in evidence shall be the basis of the decision of the arbitrator.
B
13. Any party may at its own cost request -
(i)
permission to file additional written statements; or
(ii)
a hearing for additional submissions.
The other party shall be entitled to the right to reply in writing to written submissions or to
reply verbally in case of oral submissions at the same hearing without additional costs.
14. The award shall state the reasons upon which it is based.
Part D
Costs
15. Fees and costs are paid to the Registrar in advance on filing of the Notice. Fees shall be
calculated on the basis of the value of the dispute in accordance with Appendix A but shall
be reduced by 25% in view of the adoption of these Short Form Rules.
16. Upon any application by any party which gives rise to any additional fees in terms of the
Appendix A, the applicant shall pay the applicable fees to the Registrar on filing such
application.
17. The award shall be sent by registered mail or physically delivered by the arbitrator to the
parties and to the Centre.
Part E
Miscellaneous
18. On all matters not expressly regulated by a provision in the preceding parts, the Act and the
Rules shall continue to apply.
19. If it results to the Centre or the arbitrator that the arbitration, notwithstanding the use by the
parties of procedures contemplated hereby, is not indeed a short form arbitration as
described in this Schedule and the additional hourly fees and tariffs for additional services
are not adequate to reasonably compensate the Centre and/or the arbitrator, the Centre
and/or the Arbitrator may issue a notice to the parties to that effect and the special tariffs in
Appendix A for short form arbitrations shall not be applicable. In such a case, the Tariffs in
Appendix A for ordinary arbitrations shall be applicable ab initio and the parties shall pay
any additional fees before the arbitration continues.
20. The award may be published, however in such a manner as not to divulge details of the
parties and other issues which enable identification of the parties.
21. There shall be no appeal from the award.
(1) In these rules, unless the context otherwise requires
“the Act” means the Arbitration Act, 1996;
“arbitral tribunal” means a tribunal constituted of a sole
arbitrator or a number of arbitrators;
“the Board” means the Board of Governors of the Malta
Arbitration Centre;
“the Centre” means the Malta Arbitration Centre established
by Article 3 of the Arbitration Act;
“Chairman” means the Chairman of the Board of Governors;
“claimant” includes one or more claimants;
“foreign arbitration award” means an award issued outside
Malta;
“international award” means an award issued in an arbitration
governed by Part V of the Act;
“mandatory arbitrations” means arbitrations referred to in the
Fourth Schedule to the Arbitration Act;
“Notice” means the Notice of Arbitration referred to in rule
13;
“party” includes one or more parties;
“the Registrar” means the Registrar of the Malta Arbitration
Centre;
“register of acts” means a register in which the acts pertaining
to arbitrations are registered by the Registrar;
“respondent” includes one or more respondents;
“service agent” means a service agent as approved by the
Centre.
Motor Claims Arbitration Rules
These Rules shall apply only when the parties expressly agree, in an arbitration clause or
agreement, that the arbitration will be governed by the Motor Claims Arbitration Rules of the
Malta Arbitration Centre.
These Rules are combined with the Short Form Arbitration Rules appearing in the First
Schedule.
The Centre maintains a domestic panel of arbitrators to deal with motor traffic claims.
1. The parties expressly agree that the arbitration of the dispute which has been referred to
arbitration shall be held in accordance with the Motor Claims Arbitration Rules of the
Malta Arbitration Centre contained in the Second Schedule to the Arbitration Rules, 2004.
2. The arbitration procedures shall be those applicable to domestic arbitration, namely Part IV
of the Arbitration Act, and the Arbitration Rules, 2004, subject to the determinations and
modifications made herein.
3. The Short Form Arbitration Rules shall apply to the extent not modified by the agreement
between the parties.
4. The fees of the Centre and of the arbitral tribunal shall be paid provisionally by the
claimant on the filing of the Notice.
B
(1) Whenever reference is made to the filing or serving of Filing and Service
of Acts and
acts or documents in terms of these rules, the party shall file or serve Documents.
such number of copies as are required to provide a copy to each party,
each arbitrator and the Registrar unless the parties agree otherwise and
such agreement is recorded by the arbitral tribunal.
(2) Whenever any act, document, note or request is filed
pursuant to these rules, there shall be inserted a clear indication on such
act, document, note or request, the reference number given to the
arbitration proceedings by the Registrar on the filing of the Notice.
Condominium Arbitration Rules
These Rules shall apply only when the parties expressly agree, in an arbitration clause or
agreement, that the arbitration will be governed by the Condominium Arbitration Rules of the
Malta Arbitration Centre.
These Rules are combined with the Short Form Arbitration Rules appearing in the First
Schedule.
The Centre maintains a domestic panel of arbitrators to deal with condominium disputes.
1. The parties expressly agree that the arbitration of the dispute which has been referred to
arbitration shall be held in accordance with the Condominium Arbitration Rules of the
Malta Arbitration Centre contained in the Third Schedule to the Arbitration Rules, 2004.
2. The arbitration procedures shall be those applicable to domestic arbitration, namely Part IV
of the Arbitration Act, and the Arbitration Rules, 2004, subject to the determinations and
modifications made herein.
3. The Short Form Arbitration Rules shall apply to the extent not modified by the agreement
between the parties.
The arbitrator shall be chosen and appointed by the Chairman of the Centre from among
4. the Domestic Arbitration Panel members for Condominium disputes.
5. The fees of the Centre and of the arbitral tribunal shall be paid provisionally by the
claimant on the filing of the Notice.
6. The Notice may be signed by one condominus only as claimant or as respondent but such
condominus must name the other condomini on behalf of whom he is acting.
7. When an administrator acts in his capacity as administrator to file an arbitration or to
appear as respondent, the authority of the condomini shall be presumed unless the Centre is
otherwise notified in writing. In such case, the condomini need not be included as
claimants or respondents with the administrator except in so far as a condominus is actually
a claimant or respondent himself.
8. The administrator has the responsibility of notifying all acts and documents to the other
condomini, provided that if the administrator is a party to the dispute, the Centre shall have
the responsibility of notifying all acts and documents to the other condomini or to such
person as it is notified to be their representative.
(1) These rules shall apply to all arbitrations which are Applicability.
commenced in terms of the Act and governed by Part IV (Domestic
Arbitration) of the Act, whether by operation of law or when agreed
upon by the parties.
(2) These rules may be applied to international arbitration
when expressly selected by the parties to the arbitration agreement or
when Part IV (Domestic Arbitration) of the Act applies to such arbitration
in terms of article 60 of the Act: provided that in the latter case the
provisions of rule 13 relating to the Notice shall not apply. Rule 65
shall apply in accordance with its terms in all other international
arbitrations.
(3) These rules shall also apply to arbitrations, other than
mandatory arbitrations, which are subject to special rules of procedure
as hereunder stated except to the extent modified by such special rules.
Special rules shall apply as follows to
(i) Short Form Arbitrations, which are subject to the Short
Form Arbitration Rules in the First Schedule;
(ii) Motor Claims Arbitrations, which are subject to the
Motor Claims Arbitration Rules in the Second Schedule;
(iii) Condominium Arbitrations, which are subject to the
Condominium Arbitration Rules in the Third Schedule; and
(iv) Co-operative Societies Arbitrations, which are subject
to the Co-operative Societies Arbitration Rules in the Fourth
Schedule.
(4) These rules shall not apply to the extent to which the
parties expressly agree to exclude them, except when they relate to
procedures which are mandatory in terms of the Act.
Part II
THE ARBITRAL TRIBUNAL
Co-operative Societies Arbitration Rules
These Rules shall apply only when the parties expressly agree, in an arbitration clause or
agreement, that the arbitration will be governed by the Co-operative Societies Arbitration Rules
of the Malta Arbitration Centre.
These Rules are combined with the Short Form Arbitration Rules appearing in the First Schedule
The Centre maintains a domestic panel of arbitrators to deal with Co-operative Societies
disputes.
1. The parties expressly agree that the arbitration of the dispute which has been referred to
arbitration shall be held in accordance with the Co-Operative Societies Arbitration Rules of
the Malta Arbitration Centre contained in the Fourth Schedule to the Arbitration Rules,
2004.
2. The arbitration procedures shall be those applicable to domestic arbitration, namely Part IV
of the Arbitration Act, and the Arbitration Rules, 2004, subject to the determinations and
modifications made herein.
3. The Short Form Arbitration Rules shall apply to the extent not modified by the agreement
between the parties.
4. The fees of the Centre and of the arbitral tribunal shall be paid provisionally by the
claimant on the filing of the Notice of Arbitration.
APPENDIX A
Part I – Fees and Costs
MALTA ARBITRATION CENTRE FEES DUE ON FILING OF A NOTICE OF
ARBITRATION
Domestic/Ordinary Arbitration
The filing fee, which is not refundable, in respect of a claim, counter claim
or any additional claim shall be 25% of the equivalent ad valorem registry
fees due to the Superior Courts of Malta as these emerge from the relative
legal notices issued in terms of the Code of Organization and Civil
Procedure with a minimum fee of LM 50.
When a claim, counter claim or any additional claim is not expressed in
monetary terms, and in cases where the amount is not stated, the claimant
shall declare the value of its claim. Such declaration shall be made upon
the filing of the Notice or upon the filing of a counter claim or any
additional claim as the case may be. The Registrar may revise the above-
mentioned value.
If more than two parties are involved in arbitral proceedings, a flat rate of
LM5 for each additional party is charged in the case of Motor Claims
Arbitrations, Condominium Arbitrations and Co-operative Societies
Arbitrations, whether such arbitrations are Short Form Arbitrations or
Mandatory Arbitrations; and in all other cases, a flat rate equivalent to
10% of the registry fee stated in paragraph 1.1.1.A is charged for each
additional party.
Short Form Arbitrations
The filing fee, which is not refundable, in respect of a claim, counter claim or any
additional claim shall be as stated in paragraph 1.1.1.A with an additional discount of
25% on the registry fee on the basis of compliance with the Short Form Rules with a
minimum fee of LM 38.
Mandatory Arbitrations
LM 30
Provided that in the case of Motor Claims Arbitrations where the value of the
dispute does not exceed LM 3,000, the filing fee shall be LM 10.
FEES DUE ON THE TRANSFER OF PROCEEDINGS FROM COURT OR
OTHER TRIBUNALS TO ARBITRATION
LM 50 due on filing of docket with copies of all relevant documents.
MALTA ARBITRATION CENTRE SERVICE CHARGES
The Centre provides administrative services in support of arbitration. The
following are the charges of the Centre
Service
Costs
Secretarial service
LM 3.50 per hour or part
thereof
Transcription of evidence
LM 2 per page
Cassettes for recording evidence
LM 1 each
Photocopies
10c per page
Authenticated True Copies of Original
20c per page
Documents
Postage expenses for distributing claim
at cost
and response, orders, awards etc.
Use of MAC Premises
LM5 per hour or part thereof,
LM 6 per hour or part thereof
if after office hours.
Catering costs
at cost
Telecommunications
at cost
Subpoena of witnesses
according to the applicable
court tariff
Translation services
at cost
Administration fee for deposits
1% of total deposit or LM 10
whichever is the greater
Service of documents and other acts
[Rule 20] (excluding Notice of Arbitration)
LM 5 per document served
Service of documents and other acts by
electronic means
LM 2 per document served
REGISTRATION OF AWARDS ISSUED IN ACCORDANCE WITH
ARTICLE 46 (4) AND (5) OF THE ACT – CONSENT AWARDS
50% of the filing fee as stated in paragraph 1.1.1.A of this Appendix with a
minimum fee of LM 50.
REGISTRATION OF FOREIGN ARBITRAL AWARDS
The registration fee for foreign arbitral awards shall be equal to that payable for
proceedings for the same purpose in the Courts of law subject to a minimum fee
of LM 50.
FILING/REGISTRATION FEES OF INTERNATIONAL ARBITRATION
The following non-refundable fee is payable in full by a filing party to the Centre
for services provided under the Arbitration Act, 1996 when a claim, counter claim
or additional claim is filed, as provided in the following Tariff
Amount of claim in US$
Fees in US$
up to
10,000
above
10,000 up to 50,000
above
50,000 up to 100,000
1,250
above 100,000 up to 250,000
2,000
above 250,000 up to 500,000
3,000
above 500,000 up to 1,000,000
4,000
above 1,000,000 up to 5,000,000
6,000
above 5,000,000
negotiable
(a)
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 that the arbitration process is expected to take, and the complexity of
the issue.
(b)
The minimum filing fee for any case having more than one arbitrator is US$
1,500.
(c)
For each day of hearing held before a single arbitrator, an
administrative fee of US$ 150 is payable by each party to the Centre.
(d)
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.
(e)
A fee of US$ 200 is payable to the Centre by a party causing a
postponement of any hearing before a sole arbitrator.
(f)
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.
(g)
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.
(h)
When no administrative services of the Centre are required except for
registration of an international award, the fee shall be 50% of the table
stated above.
OTHER FEES
1.7.1
Registration of an Additional Award
LM 15
1.7.2
Registration of a Partial Award
LM 10
1.7.3
Confirmation of Documents on Oath
LM 10 per document
B
Part II – Arbitrators’ Fees
1. Arbitrators’ fees may be agreed between the arbitral tribunal and the parties, but in the
absence of any such agreement, the tariffs applicable shall be as per table below.
Amount of Claim in Malta Liri
Arbitrators’ Fees in Malta Liri
to
above 500
to
1,500
above 1,500
to
5,000
above 5,000
to
10,000
above 10,000
to
20,000
above 20,000
to
50,000
above 50,000
to
100,000
1,250
above 100,000
to
250,000
2,000
above 250,000
to
500,000
3,500
above 500,000
to
1,000,000
5,000
in excess of 1,000,000
5,000 + 0.3% of any amount
in excess of 1,000,000
2. Unless there is an agreement on the arbitrators’ fees between the arbitral tribunal and the
parties, in the case of Short Form Arbitrations, the tariff shall be LM 55 but the arbitral
tribunal is entitled to an extra fee of LM 10 per hour for any subsequent hearing of a
duration of more than two hours in excess of one.
3. In the case of mandatory arbitrations, the arbitrators’ fees shall be LM 45 and such fees
shall be payable provisionally by claimant on the filing of the Notice but the arbitral
tribunal may, in special circumstances, charge supplementary fees.
4. The above arbitrators’ fees are exclusive of Value Added Tax.
Part III - Representation and Assistance
These amounts are extracted from the tariff applicable to lawyers as per Legal Notice 142
of 2000.
Value of Claim – Lm
Fee – Lm
1,000
1,500
2,000
2,500
3,000
5,000
8,000
10,000
20,000
30,000
40,000
100,000
1,235
1,000,000
10,235
1. Legal representation or assistance fees may be agreed between the representative
or assistant and the client and in the absence of any such agreement, the tariffs
applicable shall be as per above table.
2. In the case of Short Form Arbitrations, representation or assistance fees that the
unsuccessful party may be condemned to pay notwithstanding any agreement
reached between the representative or assistant and his client will not exceed LM
50. Provided that if in the opinion of the arbitral tribunal as stated in the award, there
exist special circumstances which may merit a higher fee, the arbitral tribunal
may exceed such sum in condemning the unsuccessful party to costs.
3. The above representation and assistance fees are exclusive of Value Added Tax.
B
APPENDIX B
Model Arbitration Clauses
B.1
Ordinary Procedure – Domestic
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 Part IV
(Domestic Arbitration) of the Malta Arbitration Act and the Arbitration Rules of the
Malta Arbitration Centre as at present in force.
Additional issues which may be regulated by the arbitration agreement
(a) the appointing authority 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 proceedings shall be …..;
(e) the applicable substantive law shall be …..;
(f) the award shall be final and binding and there shall be no appeal;
(g) the arbitrator shall decide ex aequo et bono;
B.2
Short Form Arbitration
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, by one arbitrator, in
accordance with Part IV (Domestic Arbitration) of the Malta Arbitration Act and the
Short Form Arbitration Rules of the Malta Arbitration Centre as at present in force. The
award shall be final and binding and there shall be no appeal.
Additional issues which may be regulated by the arbitration agreement
(a) the appointing authority shall be the Malta Arbitration Centre;
(b) the place of arbitration shall be Malta;
(c) the language(s) to be used in the proceedings shall be …..;
(d) the applicable substantive law shall be …..;
(e) the arbitrator shall decide ex aequo et bono.
B.3
Motor Claims Arbitration
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, by one arbitrator, in
accordance with Part IV (Domestic Arbitration) of the Malta Arbitration Act and the
Motor Claims Arbitration Rules of the Malta Arbitration Centre as at present in force.
The award shall be final and binding and there shall be no appeal.
Additional issues which may be regulated by the arbitration agreement
(a) the appointing authority shall be the Malta Arbitration Centre;
(b) the place of arbitration shall be Malta;
(c) the language(s) to be used in the proceedings shall be …..;
(d) the applicable substantive law shall be …..;
(e) the arbitrator shall decide ex aequo et bono.
B.4
Condominium Arbitration
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, by one arbitrator, in
accordance with Part IV (Domestic Arbitration) of the Malta Arbitration Act and the
Condominium Arbitration Rules of the Malta Arbitration Centre as at present in force.
The award shall be final and binding and there shall be no appeal.
Additional issues which may be regulated by the arbitration agreement
(a) the appointing authority shall be the Malta Arbitration Centre;
(b) the place of arbitration shall be Malta;
(c) the language(s) to be used in the proceedings shall be …..;
(d) the applicable substantive law shall be …..;
(e) the arbitrator shall decide ex aequo et bono.
B
B.5
Co-operative Societies Arbitration
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, by one arbitrator, in
accordance with Part IV (Domestic Arbitration) of the Malta Arbitration Act and the Co-
operative Societies Arbitration Rules of the Malta Arbitration Centre at present in force. The
award shall be final and binding and there shall be no appeal.
Additional issues which may be regulated by the arbitration agreement
(a) the appointing authority shall be the Malta Arbitration Centre;
(b) the place of arbitration shall be Malta;
(c) the language(s) to be used in the proceedings shall be …..;
(d) the applicable substantive law shall be …..;
(e) the arbitrator shall decide ex aequo et bono.
B.6
International Arbitration
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 Part V
(International Arbitration) of the Malta Arbitration Act and the Arbitration Rules of the
Malta Arbitration Centre as at present in force.
Additional issues which may be regulated by the arbitration agreement
(a)
the appointing authority/administrator of the arbitration 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 proceedings shall be …..;
(e)
the applicable substantive law shall be …..;
(f)
the arbitrator shall decide ex aequo et bono;
B.7
International Arbitration Administered by a Foreign Institution with
whom there exists a Co-operation Agreement 1
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
International Arbitration Rules of the (name of co-operating institution) as in force at the time.
Arbitral proceedings shall be held at the premises of the Malta Arbitration Centre.
On the date hereof the Malta Arbitration Centre is a party to the following co-operation agreements
Date
Institution
Nationality
1 26 th March, 1999
Gulf Cooperation Council Arbitration Centre
Gulf Countries
2 6 th April 2001
Arbitraje Y Mediacion, Grupo ARyME, S.A. (ARyME)
Spain
3 26 th May 2002
Arbitration Court Attached to the Economic Chamber of
Czech Republic
the Czech Republic and Agricultural Chamber of the
Czech Republic
4 29 th August 2002
American Arbitration Association
U.S.A.
(1) On appointment, an arbitrator shall take an oath of office
in the form hereunder
“I ……….…………………… swear/solemnly affirm that I
shall perform my 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.
The appointment of an arbitrator shall be accompanied by a
confirmation by such arbitrator accepting his appointment together with
a declaration by him confirming his independence and impartiality in
terms of article 23 of the Act.
The confirmation referred to in rule 6 may also be requested
by the Registrar at any time.
Where the parties have not agreed on the number of arbitrators, Number of
Arbitrators.
the number of arbitrators shall be established in accordance with article
19 of the Act.
(1) In the absence of an agreed sole arbitrator, the party filing Sole Arbitrator.
the Notice shall be bound to propose in writing one or more arbitrators
for consideration by the other party, either on filing of the Notice, or
within fifteen days of the filing of such Notice.
(2) The respondent shall reply to such proposal as soon as
practicable and the parties shall seek agreement on the arbitrator within
thirty days of the filing of the Notice.
(3) If the parties reach an agreement on the person to be
chosen and appointed as the sole arbitrator, they may file a joint note
with the Registrar indicating the name, profession, qualifications,
nationality, communication details and address of the arbitrator so
chosen. In any such case, the arbitrator so chosen may himself provide
the Registrar with such information.
(4) In the event that the parties fail to agree on a sole
arbitrator on the lapse of thirty days after the receipt by a party of a
proposal in accordance with rule 9(1), either party may file with the
Registrar a request for the appointment of a sole arbitrator by the
Chairman, who shall proceed with the appointment of the sole arbitrator
Provided that the Chairman, in making such appointment,
shall have regard to such considerations as are likely to secure the
appointment of an independent and impartial arbitrator and to the
members of the Domestic Arbitration Panels as established under article
10(2) of the Act.
(1) Where three arbitrators are to be appointed, the claimant Three Arbitrators.
and the respondent shall each appoint an arbitrator by filing a separate
note with the Registrar, either on filing of the Notice but in any case
within fifteen days of the filing or notification of such Notice, as the
case may be, indicating the name, profession, qualifications, nationality,
communication details and address of the arbitrator chosen by them.
(2) Should any of the parties fail to appoint an arbitrator as
above provided, any party may, on the lapse of thirty days after the
receipt by a party of a note in accordance with rule 9(1), file with the
Registrar a request for the appointment of an arbitrator by the Chairman,
who shall proceed with the appointment of such arbitrator in accordance
with the provisions of rule 9(4).
(3) The two arbitrators so chosen shall appoint the presiding
arbitrator within fifteen days of their appointment, by jointly filing a
note with the Registrar indicating the name, profession, qualifications,
nationality, communication details and address of the presiding arbitrator.
If within the said period of fifteen days, the two arbitrators have not
reached an agreement on the choice of the presiding arbitrator, the
presiding arbitrator shall be appointed by the Chairman in accordance
with the provisions of rule 9(4).
(4) Where three arbitrators are appointed, unless otherwise
agreed between them, the presiding arbitrator shall ensure that
proceedings are conducted in conformity with the Act, these rules and
any applicable guidelines issued by the Centre from time to time and he
shall also draft the award.
Article 21A of the Act shall apply in the following manner
(a) the parties shall have fifteen days from the filing or
notification of the Notice, as the case may be, to propose arbitrators,
whether a sole arbitrator or three arbitrators;
(b) failing agreement, either party may, within thirty days
from the filing or notification of the Notice, as the case may be,
file with the Registrar a request for the appointment by the
Chairman of all arbitrators or of such number as have not been
agreed upon. The Chairman shall so proceed with the appointment
of such arbitrators in accordance with the provisions of rule 9(4).
(1) Any party intending to challenge an arbitrator who has
been appointed shall notify the Registrar of such challenge by means of
a note in writing stating the reasons for such challenge, and such note
shall be served on the challenged arbitrator, on the other party to the
arbitration and on the other arbitrators, if any. Upon receipt of challenge,
the Registrar is to notify the Chairman within five days.
(2) Where the challenged arbitrator has withdrawn or the
other party agrees to the challenge within fifteen days from the service
thereon of the said note, a note to that effect shall be filed within such
term with the Registrar, and a substitute arbitrator shall be appointed by
the person who shall have appointed the challenged arbitrator in
accordance with these rules.
(3) 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 article 26 of the Act within fifteen days of the referral to him, by
the Registrar, of the challenge.
(4) This rule shall apply, mutatis mutandis, to the
appointment of an arbitrator in accordance with article 27 of the Act
and with the appointment of an arbitrator or arbitrators in accordance
with article 21A of the Act.
Part III
THE ARBITRAL PROCEEDINGS
(1) The Notice shall be in writing and shall set out the Notice of
Arbitration.
matters listed in article 17(3) of the Act. The Notice may also include
the matters listed in sub-article (4) of the same article.
(2) The Notice shall be filed with the Registrar, who shall
cause such Notice to be served on the other party unless such Notice is
already acknowledged in writing by such other party. An endorsement
by the party or his representative on the written Notice shall be sufficient
acknowledgment.
(3) The Registrar shall register receipt of any Notice in the
register of acts.
(4) The Notice shall be served on the arbitral tribunal by
the Registrar as soon as this is appointed.
(5) The Notice may be filed at any time prior to the issue of
the award by the arbitral tribunal, provided that if the arbitral tribunal
deems it necessary in the circumstances, it may order the claimant to
file such Notice within such time as it shall order, failing which the
respondent may himself file such Notice.
(6) Late filing of the Notice shall not interrupt prescription
retrospectively.
(7) It shall be lawful for the claimant and the respondent to
file a Notice jointly. The provisions of this rule together with the
requirements of the Act shall apply to such Notice, which Notice shall
be signed by both claimant and respondent and shall be deemed to be
served and acknowledged upon filing.
(8) The filing fees prescribed in Appendix A to these rules
shall be paid on filing of the Notice.
(9) A declaration indicating the name and address of any
person, if any, who has been chosen to represent or assist the claimant
or the respondent and whether such appointment is made for the purpose
of representation or assistance in accordance with article 18 of the Act,
shall be communicated in writing to the Registrar as part of the Notice
or separately.
(10) Any person appointed by claimant or respondent for
the purpose of representation may sign, file and be served with all acts
and documents in the arbitration, including the Notice, and these rules
shall apply to such representative in lieu of the party.
(11) Any advocate or legal procurator acting for a party in
an arbitration shall be deemed to be a representative with full powers of
representation unless the Centre is informed otherwise in writing.
(12) It shall not be required to file a Notice in the cases
referred to in article 46 (4) and (5) of the Act and in such cases, the
Registrar shall proceed with the registration of the award as therein
provided.
(1) When the Notice is validly filed in accordance with
rule 13 of these rules, the Registrar shall, unless it is filed jointly by all
parties or is otherwise acknowledged, notify the other party with
(a)
a certified copy of the Notice; and
(b) a proposed time-frame for the conduct of the
proceedings.
(2) If the Registrar considers it appropriate in the
circumstances, he may issue an order establishing the date and time of
the preliminary meeting, the time-limits for the filing of the statement
of claim, statement of defence and the holding of a first hearing in terms
of the proposed time-frame and notify it to the other parties in accordance
with these rules.
(3) If the arbitral tribunal has not yet been appointed, the
Registrar shall preside over the preliminary meeting and shall have all
the powers of the arbitral tribunal in relation to the proceedings including
the making of time-frames for the filing of the statement of claim and
statement of defence, the establishment of the time-table and other
related matters.
(4) If the arbitral tribunal has been appointed by the date of
the preliminary meeting, then, the arbitral tribunal shall preside over
such meeting, without prejudice to any order which may have been
issued by the Registrar in terms of the preceding sub-rule
Provided that in the event that the arbitrator or arbitrators are
unable to attend, the Registrar shall preside over the preliminary meeting
and give such preliminary orders as are necessary after consultation
with the arbitral tribunal.
(5) The time-frame or any order related thereto shall bind
the parties and the arbitral tribunal, subject to the right of the arbitral
tribunal to agree to any change thereto in exceptional circumstances
and only in a manner that does not delay the proceedings unnecessarily.
In the event of any change to the time-frame, the arbitral tribunal shall
notify the parties and the Registrar of any such change.
The statement of claim shall contain the particulars contained Statement of Claim.
in article 29 of the Act and shall be filed within the time established by
the arbitral tribunal or by the Registrar as the case may be.
The statement of defence shall contain the particulars
contained in article 30 of the Act and shall be filed within the time Statement of
established by the arbitral tribunal or by the Registrar as the case may Defence.
be.
A counter-claim or a claim relied upon for the purpose of a
set-off shall contain the particulars contained in article 30(4) of the Act. Counter-Claim.
Should the arbitral tribunal fail to establish any applicable
time-limit for the filing of the statement of claim or the statement of Registrar to
defence or otherwise and it is evident to the Registrar that such failure establish
limits.
is causing delay in the proceedings, the Registrar, shall, after consulting
the arbitral tribunal, if possible, and upon authority from the Chairman,
establish such time-limit as may be necessary and communicate the
same to the arbitral tribunal and the parties. Such time-limit shall be
binding subject to any subsequent order in writing by the arbitral tribunal.
(1) The responsibility of notifying all acts and
communicating them as required by the Act and these rules, shall lie Responsibility of
Notifying Acts.
solely with the party promoting such acts and the arbitral tribunal as the
case may be, except in case of the Notice which shall be notified by the
Registrar as required by these rules.
(2) The parties shall have the option of utilising the services
of the Centre in relation to the deposit and notification of the statement
of claim, the statement of defence, any attachments thereto and all
subsequent and relating acts.
(3) Such option shall be adopted by means of a joint note
signed by both claimant and respondent, endorsed by the arbitral tribunal
and presented to the Registrar and shall be against such fees as are
provided in Appendix A to these rules.
(4) When such an option is adopted, all parties and the
arbitral tribunal shall thereafter deliver all pleadings and any attachments
in the arbitral proceedings to the Centre for onward transmission to the
other parties and the arbitral tribunal.
(5) Filing, deposit and notification of documents may be
made electronically provided the parties, the arbitral tribunal and the
Registrar have agreed to such system and have established means of
authentication of electronic communications.
(6) When the parties select the option specified in sub-rule
(2), all references in these rules and in the Act to the notification of acts
to notify the parties or the arbitral tribunal shall be interpreted as referring
to the Registrar, who shall notify the same to the arbitral tribunal and
the other parties, as the case may be.
(1) Besides the manner provided for in article 16 of the
Act, the Registrar may affect service of any notice, notification,
communication or proposal to the claimant or respondent or to the
arbitral tribunal by mailing the same by registered post to one of the
addresses of the persons to be notified.
(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 so
published.
(3) When a person files the Notice, he shall communicate
therewith an address where any document in connection with the
arbitration may be served on him and on the other party 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 within three
working days following such postage.
(4) A person served with the Notice shall communicate to
the Registrar an address where any document in connection with the
arbitration may be served on him if such address is different from that
given by the person filing the Notice. Thereupon the provisions of the
sub-rule (3) shall mutatis mutandis apply to any document posted by
registered mail to such address.
(1) Any document, which is to be served on any other party Service by hand.
by the Registrar or by any party in the arbitration, may be served by
hand on such party by the Registrar, an officer or employee of the Centre
or a service agent.
(2) A service agent for the purpose of these rules shall be
an advocate, a notary public or a legal procurator in possession of a
valid warrant so to act.
(3) Upon service of an act, the service agent shall confirm
in writing
(a)
the date and time of service;
(b) the place of service;
(c) the details of the person on whom such service was made
and a statement on how such person was identified.
Such document shall be confirmed on oath before a
Commissioner of Oaths and filed with the Registrar within seven
days of such service.
(4) When service by hand is affected by the Registrar, an
officer or employee of the Centre, a memorandum under his hand shall
be entered in the records of the proceedings.
(5) Any person wishing to act as service agent for the
purpose of the foregoing rule shall apply to the Registrar for authority
so to act and the Registrar shall administer the following oath prior to
issuing such authority in writing
“I, the undersigned, hereby swear/solemnly affirm that I shall
perform my duties as service agent in arbitration proceedings honestly
and with due diligence and I shall faithfully abide by all rules of the
Malta Arbitration Centre.”
(6) The Registrar may issue a licence to act as service agent
for the purposes of these rules for a period of one year at a time against
the fee established by the Centre.
(7) The Registrar may issue guidelines for service agents
from time to time and shall have the power to revoke any licence issued
by him for non-observance of these rules or any applicable guidelines.
Unless the parties expressly agree otherwise, within thirty
days of the registration of an award, the arbitral tribunal shall deliver
the file with all original documents presented to the arbitral tribunal for
archiving by the Centre.
The Centre shall keep all such documents filed in any arbitral
proceedings for five years from the date of the award, after which they
may be destroyed at the discretion of the Centre.
The documents shall be accessible to the arbitral tribunal
and the parties thereto on request but to no other person, unless the
confidentiality of the proceedings has been waived by the parties in
accordance with these rules.
(1) The date of hearings and any time-limits shall be fixed
by the arbitral tribunal, as far as reasonably possible, in accordance
limits by the arbitral
with the proposed time-frame. The arbitral tribunal shall keep the
Registrar informed with the date of hearings and with any time-limits
set by it.
(2) The time-limits fixed by the arbitral tribunal shall be as
short as reasonably possible and the same applies to any extensions it
may grant. The arbitral tribunal shall endeavor to conduct the
proceedings as expeditiously as possible.
When requested by the Chairman, the Registrar shall fix the
date of any hearing by notice in writing to the parties and to the arbitral
tribunal as the case may be, and such order shall be binding on the
parties and the arbitral tribunal. The arbitral tribunal, or if it has not yet
been appointed, the Registrar, may for good cause, extend any time
within which anything is to be done in accordance with these rules.
The arbitral 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 before an arbitral tribunal for
the purpose of arbitration proceedings and shall indicate clearly the
address of the place the witness is to attend and the date and time of
attendance.
(1) The Registrar and any arbitral tribunal may administer
oaths to persons called as witnesses or experts to give evidence before
an arbitral tribunal. The form of the oath shall be as follows
“I swear/solemnly affirm to tell the truth, the whole truth and
nothing but the truth.”
(2) Any party may demand that the documents or statements
filed during the arbitral proceedings shall be confirmed on oath before
the Registrar or the arbitral tribunal or in any other manner provided by
law, in the form hereunder
“I swear/solemnly affirm that the facts stated in this (name of
document or statement being verified) are true.”
(3) In the absence of such confirmation, the arbitral tribunal
may disregard the documents or statements not confirmed.
(1) An arbitral tribunal may apply the provisions of the Applicability
Electro-Magnetic
Electro-Magnetic Recording of Proceedings Act to arbitration Recording of
Proceedings Act,
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 printed copy, certified to be a true copy of the original by the arbitral
tribunal, in the records of the arbitration. Should the witness desire to
correct or add anything in or the deposition as printed, the arbitral tribunal
shall make a note of such correction or addition, and in any such case it
shall be lawful for either claimant or respondent to request the arbitral
tribunal to reproduce the witness before the arbitral tribunal in order
that he may confirm the correction or addition.
(3) With the consent of the arbitral tribunal evidence may
be given over video or telephone links provided that the arbitral tribunal
is able to satisfactorily identify the witness. In such cases, the arbitral
tribunal shall record the fact that evidence has been given in the above
manner and the means of identification used. The evidence taken shall,
when transcribed, be sent by the arbitral tribunal by registered mail
directly to the witness, who shall sign and send the same back directly
to the arbitral tribunal
Provided that the arbitral tribunal shall proceed irrespective
of whether it receives the signed version of the evidence unless it receives
a notice of objection against the transcribed evidence from the witness
within thirty days after receipt by such witness of the evidence.
Provided further that where there is an objection, the arbitral
tribunal shall consider the reasons for such objection and record them
together with its considerations as to why such objection was not
sustained or considered reasonable.
Part IV
ORDERS AND AWARDS
The determination by the arbitral tribunal on a plea of non-
jurisdiction or on any other matter referred to in article 32 of the Act or
on any other interim award, shall not be subject to the registration
procedure as stated in article 44(8) of the Act until the issue of the final
award, provided that if the arbitral tribunal decides that it does not have
jurisdiction, such award shall be a final award and shall be communicated
to the Registrar within fifteen days of its delivery.
Interlocutory orders given by an arbitral tribunal are not
subject to registration, no recourse may be taken against them and they
are binding on the parties to the proceedings immediately on their
notification to the parties who shall carry them out without delay.
(1) The claimant or the respondent may request that the
arbitral tribunal give an interpretation of the award within fifteen days
from receipt of the award.
(2) 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.
(3) The request shall be accompanied by such number of
copies as there are parties and a copy of such request shall be notified
to the Registrar, who shall promptly notify the same to the arbitral
tribunal.
(4) The Registrar shall register receipt of any such request
in the register of acts.
(5) The interpretation, which shall form part of the award,
shall be given in writing within forty-five days from the receipt of the
request, and the provisions of article 44(2) to (8) of the Act shall apply
to such interpretation.
(1) The claimant or the respondent may request the arbitral Correction
Award
tribunal to correct any errors in computation, any clerical or
typographical errors or any errors of a similar nature in the award within
fifteen days from receipt of the award.
(2) 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
corrected; and
(e)
reasons for the making of such correction.
(3) The request shall be accompanied by such number of
copies as there are parties and a copy of such request shall be notified
to the Registrar, who shall promptly notify the same to the arbitral
tribunal.
(4) The Registrar shall register receipt of any such request
in the register of acts.
(5) The correction, which shall form part of the award, shall
be given in writing within thirty days from the receipt of the request,
and the provisions of article 44(2) to (8) of the Act shall apply to such
correction.
(6) The arbitral tribunal may, within thirty days from the
issue of the award, make such corrections on its own initiative.
(1) The claimant or the respondent may request that the Additional Award.
arbitral tribunal make an additional award as to claims presented in the
proceedings but omitted from the award within fifteen days from receipt
of the award.
(2) The request shall contain
(a)
the name of the parties and of the arbitrators;
(b) the reference number of the award;
(c)
the date of the final award;
(d) an indication of the claims presented in the proceedings
but omitted from the award; and
(e)
reasons for the making of such request.
(3) The request shall be accompanied by such number of
copies as there are parties and a copy of such request shall be notified
with the Registrar, who shall promptly notify the same to the arbitral
tribunal.
(4) The Registrar shall register receipt of any such request
in the register of acts.
(5) If in the opinion of the arbitral tribunal, the request for
an additional award is justified and that the omission can be rectified
without any further hearings or evidence, it shall complete the award
within forty-five days from the receipt of the request, and the provisions
of article 44(2) to (8) of the Act shall apply to such additional award.
(6) The above rules shall not apply when the request for the
additional award does not relate to the merits of the dispute but only to
costs or other purely administrative issues which may not have been
addressed by the arbitral tribunal in the award. In such cases
(a) the request may be made within three calendar months
from the date of the award; and
(b) the application, or notice thereof, shall not hinder the
registration and enforcement of the award in any manner;
(c) any additional award on costs subsequently issued shall
be subject to registration as a separate award in the event that the
award on the merits has been registered in the meantime.
(1) On the lapse of thirty days from the date of which the
award has been notified to the parties, the Registrar shall proceed to
register the award unless
(a)
the award does not qualify as final in terms of the Act;
or
(b) any recourse contemplated by the Act has been taken
against the award in terms of the Act.
(1) The parties are obliged to inform the Centre in writing Notice to the Centre
of any recourse
within fifteen days of any recourse taken by them against any award taken.
whether by means of an appeal, an application for the setting aside of
an award or otherwise. A copy of all judicial acts shall be sent to the
Centre and filed in the relevant docket of the arbitration.
(2) The parties taking recourse shall keep the Centre
regularly informed of progress of any recourse taken.
(3) When the recourse taken consists of an application for
an interpretation, correction or additional award, the Registrar shall not
register the award until the determination of the request by the arbitral
tribunal except in the case provided for in rule 34(6).
Part V
COSTS
The Registrar may request the claimant and the respondent Payment of
to pay in advance or otherwise, any expenses which the Centre may Expenses
Centre in relation to
incur for the purposes of or in relation to the arbitral proceedings.
arbitral proceedings.
A request for the registration of an award by the Centre shall Fee for Registration
be accompanied by a fee prescribed in Appendix A to these rules and of an Award.
any outstanding expenses due to the Centre in terms of the preceding
rule.
In the absence of an agreement between the arbitral tribunal Sub-Committee on
Charges.
and the parties on costs and where the parties have expressly agreed
that the costs shall be determined by the Centre, costs shall be taxed by
the Sub-Committee on Charges established by the Centre.
(1) The fees payable to arbitrators and to persons Fees payable to
arbitrators, etc..
representing or assisting the parties shall be as stated in Appendix A to
these rules.
(2) The Centre may from time to time issue indicative fees
for arbitrators in domestic arbitrations.
(3) The arbitral tribunal may, unless otherwise agreed by
the parties, direct that the recoverable costs of the arbitration, or of any
part of the arbitral proceedings, shall be limited to a specified amount.
(4) In exercising its discretion, the arbitral tribunal shall
observe the principle of proportionality of the costs with the merits of
the case.
(5) Any such direction may be given or varied by the arbitral
tribunal at any stage of the proceedings provided that this is done
sufficiently in advance of the incurring of costs to which it relates, or of
the taking of any steps in the proceedings which may be affected by it.
A copy of any agreement or record between the arbitral
tribunal and the parties relating to fees and responsibility for costs shall
be delivered to the Registrar prior to the commencement of the arbitral
proceedings.
(1) The arbitral tribunal may from time to time issue orders
on costs and the party or parties so ordered shall be obliged to deposit
such costs with the Registrar for appropriate administration and payment
when due to the arbitral tribunal or the parties, in refund or otherwise,
as the case may be.
(2) The continuation of the arbitral proceedings shall be
contingent on the payment of costs and fees as ordered by the arbitral
tribunal in terms of this rule.
(3) The arbitral tribunal may immediately issue an award
on costs and register the same in accordance with these rules in the
event that the respondent fails to pay his share upon an interim order on
costs and the claimant has fulfilled such interim order by paying the
costs in full.
The Registrar and the arbitral tribunal may set time-limits
for payment of any costs or fees payable and the party receiving such
request shall be bound accordingly.
(1) The arbitral tribunal is entitled to fees and
reimbursement of expenses and any value added tax. The parties are
jointly and severally liable to the arbitral tribunal for payment of the
fees and costs of the arbitral proceedings, notwithstanding any claim
for reimbursement by one party against the other.
(2) Nothing in this rule shall restrict the freedom of the
arbitral tribunal and the parties to adopt other rules on fees provided
that, except as provided in sub-rule (3), any agreement whereby only
one of the parties shall bear all the costs or any agreement specifying
the exact proportion on which the costs will be borne between the parties
shall be null and void unless approved in writing by the Registrar in
advance of the appointment of the arbitral tribunal.
(3) An agreement whereby the parties agree to bear the costs
equally shall be valid.
(4) In case of contestation of fees and expenses issued by
the arbitral tribunal, a party may apply to the Sub-Committee on charges
for review of such fees or expenses. The decision shall be final and
binding.
Part VI
RULINGS AND GUIDELINES
The Centre may from time to time issue such rulings on Rulings.
procedures and other matters relating to the Act or these rules to assist
in the interpretation and application of the Act and these rules so as to
achieve efficiency and cost effectiveness in the arbitral process. Such
rulings shall be applicable to all arbitrations and shall be accessible to
all arbitrators and to any person interested.
The Centre may from time to time issue guidelines for the Guidelines.
better administration of arbitration in Malta.
Part VII
CONFIDENTIALITY AND OTHER MATTERS
(1) Every person who participates in the arbitration Confidentiality of
proceedings in whatever capacity must maintain the confidentiality of Arbitration.
the arbitration.
(2) The existence of arbitration proceedings, the filing of
the Notice and the award will not be publicised or otherwise be publicly
acknowledged by the Centre or the parties.
(3) The Centre shall treat all documents filed with it as
confidential except to the extent as authorised by the parties or otherwise
necessary to implement the provisions of the Act.
(4) The hearings will be held in private chambers and no
person other than the parties and their assistants or representatives, and
the Registrar, will be permitted to attend except for the support of the
proceedings as ordered by the arbitral tribunal.
The provisions of the preceding rule shall not apply in the
following cases
(a) where the parties expressly consent to the publication
of any of the events stated in the preceding rule, and to such extent
as may be consented to; or
(b) if any party seeks recourse in terms of the arbitration
agreement or the Act and limitedly to such extent or otherwise
requires to divulge the information to protect his own interests; or
(c)
in the case of mandatory arbitrations.
The provisions of the preceding two rules shall not limit the
freedom of the Centre to publish statistics on arbitrations taking place
under its administration or from publishing any procedural or other
guidance notes or restricted summaries relative to issues which may
have arisen in any arbitration proceedings or awards, provided, in so
doing, it does not divulge the names of the parties or make specific
references to the subject-matter of an arbitration so as to enable
identification of the parties therefrom.
The arbitrators, the Centre, its officers and its employees shall
not be liable in damages to any person for any act or omission in
connection with their duties, provided such act or omission does not
constitute an intentional or grossly negligent breach of duty, or such act
or omission is not attributable to malice or fraud.
(1) In any matter not provided for in these rules, the parties
shall act 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.
(2) In any matter not provided by these rules, the arbitral
tribunal or the Registrar, as the case may be, may give such directives
as are consistent with the Act to ensure efficient and cost effective
proceedings.
(1) In the event that there are proceedings in terms of article
15(3) of the Act, the arbitral tribunal shall not proceed until the court
determines the issue, unless the arbitral tribunal decides that irreparable
harm may ensue to one of the parties and cannot be compensated in
monetary terms. In such a case, the arbitral tribunal is to notify the
court of the arbitral tribunal’s determination and shall proceed in terms
of article 15(4) of the Act.
(2) The parties may agree that the arbitral proceedings shall
be consolidated with other arbitral proceedings, or that concurrent
hearings shall be held, on such terms as may be agreed upon.
(3) The arbitral tribunal has no power to order consolidation
of proceedings or concurrent hearings, unless all the parties agree to
confer such power to the arbitral tribunal.
(4) A third party can be requested to join as a party in the
arbitral proceedings and may be so joined provided all the parties to the
proceedings are in agreement.
Part VIII
REGISTRATION OF FOREIGN ARBITRATION AWARDS
The following rules shall apply to a foreign arbitration award Registration of
Foreign Arbitral
to be registered by the Centre in terms of article 74 of the Act. For the Award.
purposes of Articles II and III of Part II of the Second Schedule to the
Act and of paragraph 2 of Article V of Part III of the Second Schedule
to the Act, the functions of the court and the competent authority referred
to therein shall be carried out by the Malta Arbitration Centre.
The applicant for the registration of a foreign arbitration Documents to be
presented.
award shall present the following documents to the Registrar
(a) the duly authenticated original award or a duly certified
copy thereof. Authentication shall be made in accordance with the
law of the state in which the award is issued and certification shall
take place in accordance with the law of the place of certification
or in each case by a Maltese diplomatic or consular officer in
accordance with the Hague Convention on Apostilles;
(b) when the award is not in the English language a certified
translation of the award into English. The certification shall be
certified by an official or sworn translator or a Maltese diplomatic
or consular officer;
(c) the original arbitration agreement between the parties
which resulted in the arbitration proceedings and the relative award,
or a certified copy thereof;
(d) a sworn declaration by the applicant or his authorised
attorney that no recourse has been taken and is pending against the
award and the award is final;
(e) the name, address and all other known communication
details of the respondent, and if he is not resident or otherwise
present in Malta, of his representative or other person who have
some connection to him in Malta together with a description of the
connection to him or his property in Malta.
(1) On receipt of an application with all the attachments
stated in the preceding rule, the Registrar shall serve the respondent
with a copy of all the documents received and the respondent shall
have ten working days to state in writing whether there are any reasons
why the Registrar should not proceed with the registration of the award.
(2) If the respondent is not resident or otherwise present in
Malta, the Registrar shall notify the person indicated by the applicant as
being a representative or having a connection with the respondent or his
property in Malta or such other person as the Registrar may establish as
having representation of the respondent upon directly communicating
with such respondent by any means available to him. The person who
receives the documents is to be advised in writing by the Registrar that
(a) if he is the representative of the respondent, he should
respond to the application within ten working days;
(b) if he is not the representative of the respondent –
(i) he is to communicate the documents to the
respondent as soon as possible (not later than five days from
receipt) and take instructions from him as to the request for
registration of the award and inform the Registrar in writing
of the date on which he sent the documents to the respondent,
the manner of communication and the address, fax numbers
or electronic address at which they were sent; or
(ii) he is to advise the Registrar within five working
days that he does not represent the respondent and has no
means of communicating with him and to provide all available
information about his connection or otherwise with the
respondent while returning to the Registrar all the documents
served upon him.
(3) In the cases referred to in sub-rule (2)(b)(i) the time for
the respondent to reply to the application shall start to run after the
lapse of five days from the date on which the person served sends the
documents to the respondent; provided that the Centre may determine a
later date on which the documents were effectively received by the
respondent.
(4) In the cases referred to in sub-rule (2)(b)(ii) or in case
no response is received, in which case it is to be presumed that the
recipient is not the representative of the respondent, the Registrar shall
advise the applicant of the response (or lack of it) and the applicant
shall be entitled to request the court to nominate and appoint, at his
cost, a curator ad litem for the respondent for the purposes of these
rules and such curator shall henceforth be deemed to be the lawful
representative of the respondent in Malta for the purpose of the
registration of the foreign award and all subsequent and related acts,
including those relating to enforcement of the award. The applicant
shall send certified copies of all proceedings and any court orders to the
Centre without making it a party.
(5) In appointing a curator ad litem for the purposes of the
preceding rules, the court shall select a person from the panels of
domestic arbitrators maintained by the Centre, a copy of which shall be
presented to the court together with the applications made to the Centre
referred to above.
(6) It shall be lawful for the respondent to assume his own
representation at any time, directly or through an attorney appointed in
writing, by means of a notice to that effect served on the curator ad
litem and the Centre. In such cases the respondent shall be responsible
for the fees and expenses of the curator ad litem until such time.
(7) The curator ad litem shall be entitled to an hourly fee of
twenty-five Maltese liri (LM 25) for services rendered. The Registrar
of the Centre shall determine in a final manner the fees of the curator
ad litem if requested to do so.
A response shall contain all relevant information and shall Response.
have attached to it all documents, which are necessary to sustain the
objections to registration made by the respondent.
(1) On receipt of the response to the application for Determination by
Chairman.
registration of a foreign award or on the lapse of the period for filing a
response, the Registrar shall refer the application and the response to
the Chairman of the Centre for determination.
(2) The Chairman of the Centre shall determine the issue in
a final manner on the basis of the documents presented but may at his
discretion order a hearing of the parties and their representatives if he
considers that the arguments merit further discussion or evidence.
(3) If the application is made in accordance with these rules
and the respondent is properly notified directly or through a curator ad
litem, recognition of a foreign award may only be refused if the
respondent proves the operation of any of the grounds stated in Article
V of Part III of the Second Schedule to the Act.
(4) The Chairman of the Centre shall have the powers stated
in Article II and III of Part II of the Second Schedule to the Act and
those stated in Article VI of Part III of the Second Schedule to the Act.
(5) There shall be no appeal against the decision of the
Chairman of the Centre which shall be final and binding on the parties.
(6) The refusal of an application to register a foreign award
shall not be an obstacle to the filing of another application by the same
applicant against the same respondent and on the same merits at a later
date.
Part IX
TRANSFER OF PROCEEDINGS FROM COURT OR OTHER
TRIBUNALS
It shall be lawful for the parties to a suit or other proceeding
pending before any court or tribunal to refer the matter in dispute, or a
specific part thereof, to arbitration. In such event the following rules
shall apply.
The parties shall present a joint note before the court or
tribunal stating that they have agreed to refer the dispute to arbitration.
Unless the parties agree otherwise, in which case they must expressly
state what has been agreed, the parties shall declare that the arbitration
is to proceed with immediate effect from the same position in which it
had reached before the court or tribunal, without the need for filing of
documents or acts already filed or the re-submission of witnesses already
heard, and without prejudice to all acts already done and carried out or
declarations, waivers, admissions or undertakings made.
An original duplicate of such note, signed by both parties or
their representatives, shall be filed at the Malta Arbitration Centre. Such
note shall specify the following matters
(a) the court or tribunal before which the suit or proceedings
is pending and the reference number of the suit or proceeding;
(b) a brief description of the dispute which is to be referred
to arbitration;
(c) if agreed between the parties, the name of the arbitrator
or arbitrators;
(d) any other matters relating to the arbitration proceedings
which may be agreed between the parties.
A certified copy of the full docket or file in possession of the Certified copy of
court or tribunal shall be attached to the note filed at the Centre, and in full docket.
the case of a referral of part of the pending dispute to arbitration, a
certified copy of such of the docket as the parties agree to be relevant to
the arbitration.
The note filed at the Centre shall constitute the Notice for all Joint Note to
constitute the
purposes at law and these rules, without prejudice, however, to the rules Notice.
applicable to the interruption or suspension of prescription which shall
continue to be regulated by the applicable law in relation to the filing of
the original judicial or other acts. Referral of any dispute pending before
a court or tribunal to arbitration shall not be considered to be a waiver
of any rights or a novation.
On filing of the Note by any party with the Centre, the Procedural Orders.
Registrar or the arbitral tribunal, as the case may be, shall proceed with
the arbitration in terms of these rules and shall give such procedural
orders so as to confirm any acts already filed as the equivalent acts
(contemplated by the Act and these rules) in the arbitration and issue
any orders for the filing of any further acts, the holding of hearings or
otherwise as the case may require.
On registration of the final award in the arbitration, the Registration of
Final Award.
Registrar shall send a certified copy of the award to the court or tribunal
from which the arbitration was referred for any action which the court
or tribunal deems necessary to take.
Part X
INTERNATIONAL ARBITRATION
These rules shall apply, mutatis mutandis, to all arbitrations Applicability of
rules to
which are commenced in terms of the Act and governed by Part V international
(International Arbitration) of the Act, whether by operation of law or arbitration.
when agreed upon by the parties, until such time as rules under the Act
are promulgated specifically for international arbitration.
Where the Act or any rules specifically refer to international
arbitration, they shall apply accordingly notwithstanding any rule on a
similar subject in other parts of these rules.
The Model Law shall apply to all international arbitrations
except to the extent the parties agree otherwise.
An international arbitration in relation to a particular dispute
commences
(a) when one party to an arbitration agreement sends a
written request to the other referring a dispute covered by the
arbitration agreement to arbitration; or
(b) both parties sign and date a joint declaration that a
particular dispute has been referred to arbitration by the parties.
(2) The written request may be sent by hand, by mail or by
fax and takes effect for all purposes at law when received by the
respondent and in the case of a joint declaration when it is signed and
dated by both parties.
When the parties wish that the arbitration be administered
by the Centre or when it has been agreed to be so administered, a copy
of the written request (with all evidence relating to the receipt and date
thereof by the respondent) or the joint declaration shall be sent to the
Centre. The Registrar shall register the arbitration when satisfied that a
referral has been made and received in terms of this rule.
Article 61 of the Act shall apply to the registration of an
article 61 of the Act.
international award with the Centre.
Part XI
DISCIPLINARY PROVISIONS
(1) The arbitral tribunal is primarily responsible for
exercising discipline over the arbitral proceedings and shall have all
arbitral proceedings.
the necessary powers to issue orders to the parties in relation thereto.
(2) The arbitral tribunal shall have the power to impose
penalties for non-compliance with orders, for failure to observe time-
limits and for failure to attend hearings or cancellation thereof without
valid reasons.
(3) The penalties shall reasonably reflect the seriousness of
the non-compliance, the costs incurred by the Centre, by the arbitral
tribunal and by the other parties due to the non-compliance and generally
the need to maintain order in the proceedings.
(4) There shall lie an appeal to the Board of the Centre on
any penalty. Such appeal shall be filed in writing within five days of the
imposition of the penalty and the decision of the Board shall be final
and binding.
(5) It shall not be a valid ground of challenge of an arbitrator
to claim that the arbitrator has exercised undue disciplinary action against
a party except where there is evidence of disproportionate use of the
powers of the arbitral tribunal relative to the action of a party. The
burden of proving disproportionality shall rest with the party claiming
it and arbitrators shall be prima facie presumed to have acted within
their powers.
(1) In case of breach of duty by an arbitrator in relation to Breach of duty by
an arbitrator.
the management of the arbitration proceedings, the Registrar may issue
orders in writing to the arbitrator who shall be bound to comply as soon
as possible with such order.
(2) The Board may request the Registrar to issue any such
orders to any arbitrator if, when reviewing progress in any arbitration,
the Board notes that any provisions of the Act, these rules or any
guidelines are not being observed or that the arbitrator is failing to
manage the arbitration process efficiently.
(3) When an arbitrator fails to observe the orders of the
Registrar issued in terms of this rule, the Registrar shall report on such
circumstances to the Board and the Board shall determine what
disciplinary action to take against the arbitrator.
(4) In case of breach of the duty of independence by the
arbitrator because of an undisclosed conflict of interest or because of
irregular communication or otherwise, with one of the parties or any
person on behalf of a party, the Registrar shall make a written report to
the Board copied to the arbitrator and to the parties and the Board shall
decide what actions are to be taken.
(5) In cases referred to above, the Board shall determine
the issue after giving the arbitrator the opportunity of being heard and
after considering such other evidence as may be appropriate.
(6) In such cases the Board has the power to take such
disciplinary action as it considers appropriate in view of the
circumstances. The powers of the Board include
(a)
the issuing of orders in relation to the proceedings;
(b) the removal of the arbitrator from the arbitration;
(c) the removal of the arbitrator from the domestic panel of
arbitrators, and
(d) the imposition of a disqualification to act as an arbitrator
in Malta for a stated period not exceeding three years.
(7) Action taken in terms of this rule by the Centre shall be
without prejudice to any rights of the parties under applicable law.
(8) Nothing in the foregoing rule shall limit the rules
applicable to the challenge of arbitrators in the Act.
Part XII
REPEAL AND SAVING
The Arbitration Rules, 2000, are hereby repealed.
In these rules, if there is any conflict between the English
and the Maltese text, the English text shall prevail.
In the event of any difference between these rules and any
publications issued by the Centre from time to time, these rules shall