ARBITRATION RULES

ARBITRATION

SUBSIDIARY LEGISLATION 387.01

ARBITRATION RULES

24th September, 2004

LEGAL NOTICE 421 of 2004, as amended by Legal Notices 304 of 2005 and 425 of 2007;

Act IX of 2010; and Legal Notices 245 of 2012 and 57 and 152 of 2015 and 406 of 2020.

The title of these rules is the Arbitration Rules.

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 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 and the Arbitration Rules, 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

(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;

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;

up to one additional written response by respondent in terms of articles

31 and 33 of the Act;

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;

iii. 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 dispute.

ARBITRATION

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.

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;

"arbitral t rib unal" means a tri bunal consti tuted of a sole

arbitrator or a number of arbitrators[

" t h e B o a r d " m ea n s t h e B o a r d o f G o v e r n o r s o f t h e Ma l t a

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.

2. The arbitration procedures shall be those applicable to domestic arbitration,

namely Part IV of the Arbitration Act, and the Arbitration Rules, 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.

(1) Whenever reference is made to the filing or serving of

acts or documents in terms of these rules, the party shall file or

serve 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.

2. The arbitration procedures shall be those applicable to domestic arbitration,

namely Part IV of the Arbitration Act, and the Arbitration Rules, 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 arbitrator shall be chosen and appointed by the Chairman of the Centre

from among the Domestic Arbitration Panel members for Condominium disputes.

5. The fees of the Centre and of the arbitral tribunal shall be paid provisionally

ARBITRATION

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

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

(a) Short Form Arbitrations, which are subject to the Short

Form Arbitration Rules in the First Schedule;

(b) Motor Claims Arbitrations, which are subject to the

Motor Claims Arbitration Rules in the Second

Schedule;

(c) Condominium Arbitrations, which are subject to the

Condominium Arbitration Rules in the Third

Schedule; and

(d) 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.

2. The arbitration procedures shall be those applicable to domestic arbitration,

namely Part IV of the Arbitration Act, and the Arbitration Rules, 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 €116.47.

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 abovementioned

value.

If more than two parties are involved in arbitral proceedings, a flat

rate of €11.65 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 the case of

the disputes contained in the Fourth Schedule to the Arbitration

Act; 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

€88.52.

Mandatory Arbitrations

€69.88

Provided that in the case of Motor Traffic Disputes where the value of

the dispute does not exceed €6,988.12 and in the case of Paying

Agency Disputes, the filing fee shall be €23.29.

FEES DUE ON THE TRANSFER OF PROCEEDINGS FROM COURT OR

OTHER TRIBUNALS TO ARBITRATION

€116.47 due on filing of docket with copies of all relevant documents.

MALTA ARBITRATION CENTRE SERVICE CHARGES

ARBITRATION

The Centre provides administrative services in support of arbitration. The

following are the charges of the Centre

Service

Costs

Secretarial service

€8.15 per hour or part thereof

Transcription of evidence

€4.66 per page

Cassettes for recording evidence

€2.33 each

Photocopies

23c per page

Authenticated True Copies of

Original Documents

47c per page

Postage expenses for distributing

claim and response, orders,

awards etc.

at cost

Use of MAC Premises

€11.65 per hour or part thereof, €13.98

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 €23.29

whichever is the greater

Service of documents and other

acts [Rule 20] (excluding Notice

of Arbitration)

€23.29 per document served

Service of documents and other

acts by electronic means

€4.66 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 €116.47.

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 €116.47.

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, 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

€34.94

1.7.2

Registration of a Partial Award

€23.29

1.7.3

Confirmation of Documents on Oath

€23.29 per document

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 euro

Arbitrators’ Fees in euro

0 to 1,164.69

116.47

above 1,164.69 to 3,494.06

279.52

above 3,494.06 to 11,646.87

419.29

above 11,646.87 to 23,293.73

698.81

above 23,293.73 to 46,587.47

1,048.22

ARBITRATION

above 46,587.47 to 116,468.67

1,863.50

above 116,468.67 to 232,937.34

2,911.72

above 232,937.34 to 582,343.35

4,658.75

above 582,343.35 to 1,164,686.70

8,152.81

above 1,164,686.70 to 2,329,373.40

11,646.87

in excess of 2,329,373.40

11,646.87 + 0.3% of any amount in

excess of 2,329,373.40

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 €128.12 but the arbitral tribunal is entitled to an extra fee of €23.29

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, filed on or after the coming into force

of these rules * , the arbitral tribunal’s fees shall be two hundred and thirty-

seven euro and twenty-nine cents (€237.29)

Provided that in the case of motor traffic disputes where the value of the

dispute does not exceed one thousand, one hundred and sixty-four euro and

ninety-nine cents (€1,164.99) and in the case of Paying Agency Disputes,

the arbitral tribunal’s fee shall be one hundred and eighteen euro and sixty-

four cents (€118.64)

Provided further that the above fees do not include the fee of thirty-five euro

(€35) for each and every sitting and the fee of seventy-five euro (€75) for

on-site inspections. No charge shall be levied if more than three sittings are

held

Provided further that the arbitral tribunal may, in special circumstances,

charge supplementary charges.

Arbitral Tribunal’s fees shall be payable provisionally by claimant on the

filing of the Notice.

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 - €

Fee - €

2,329.37

151.41

3,494.06

186.35

4,658.75

221.29

5,823.43

256.23

6,988.12

291.17

11,646.87

430.93

18,634.99

640.58

23,293.73

780.34

46,587.47

1,013.28

*the reference is to Legal Notice 57 of 2015 (as amended by Legal Notice 152 of 2015) which came into

force on 1st May, 2015.

69,881.20

1,246.21

93,174.94

1,712.09

232,937.34

2,876.78

2,329,373.40

23,841.14

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 €116.47.

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.

APPENDIX B

Model Arbitration Clauses

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.

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

ARBITRATION

(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.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;

ARBITRATION

(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 *

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 26th March, 1999 Gulf Cooperation Council Arbitration Centre

Gulf Countries

2 6th April 2001

Arbitraje Y Mediacion, Grupo ARyME, S.A. (ARyME)

Spain

3 26th May 2002

Arbitration Court Attached to the Economic Chamber of

Czech Republic

the Czech Republic and Agricultural Chamber of the

Czech Republic

4 29th 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, 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 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 and the respondent shall each appoint an arbitrator by

filing a separate note with the Registrar, either on filing of the

N o t i c e b u t i n a n y c a se w i t h i n f i f t e e n d a y s o f t h e f i l i n g o r

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

matters listed in article 17(3) of the Act. The Notice may also

include the matters listed in subarticle (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, 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 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

established by the arbitral tribunal or by the Registrar as the case

may 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.

Should the arbitral tribunal fail to establish any applicable

time-limit for the filing of the statement of claim or the statement

of defence or otherwise and it is evident to the Registrar that such

failure 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 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 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

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

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 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 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

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.

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

within fifteen days of any recourse taken by them against any

award 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

to pay in advance or otherwise, any expenses which the Centre may

incur for the purposes of or in relation to the arbitral proceedings.

A request for the registration of an award by the Centre

shall be accompanied by a fee prescribed in Appendix A to these

rules and any outstanding expenses due to the Centre in terms of

the preceding rule.

In the absence of an agreement between the arbitral

tribunal 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

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

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

better administration of arbitration in Malta.

Part VII

CONFIDENTIALITY AND OTHER MATTERS

(1) Every person who participates in the arbitration

proceedings in whatever capacity must maintain the confidentiality

of 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 to be registered by the Centre in terms of article 74 of the

Act. For the 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

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

r e pr e s e ntat io n at a n y t im e , 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

fifty-eight euro and twenty-three cents (58.23) 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

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

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 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

Articles 2 and 3 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 lie an appeal against the decision of the Chairman

of the Centre to the Court of Appeal as constituted in accordance with

article 41(1) of the Code of Organization and Civil Procedure. An

appeal shall be filed within twenty (20) days from the date from which

the decision of the Chairman of the Centre is communicated to the

parties and Title I of Part I of the Code of Organization and Civil

Procedure shall apply mutatis mutandis to the application for appeal.

(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 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 court or tribunal shall be attached to the note filed at the Centre,

and in 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 purposes at law and these rules, without prejudice, however, to

the rules 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

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

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 which are commenced in terms of the Act and governed

by Part V (International Arbitration) of the Act, whether by

operation of law or 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.

(1) 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

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 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

timelimits 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

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) (deleted by IX. 2010.16);

(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

SAVING

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 prevail.

ARBITRATION