Dispute Resolution Services
Arbitration Services
MIAC provides state-of-the-art institutional support to arbitral tribunals and parties in international and domestic arbitration in order to facilitate the efficient conduct of proceedings.
MIAC’s Dispute Resolution Services Brochure can be downloaded here.
Appointing Authority
The Secretary-General of the Permanent Court of Arbitration (PCA) serves as appointing authority.
Under the Mauritian International Arbitration Act, 2008, the Secretary-General of the PCA is entrusted with the role of appointing authority, under which he may appoint arbitrators and take other measures relating to the arbitral proceedings in the absence of contrary agreement by the parties, as provided in Parts III and V of the Act.
Similarly, the Secretary-General of the PCA is entrusted with the role of appointing authority under Article 6 of the MIAC Arbitration Rules.
As appointing authority, the Secretary-General of the PCA may undertake the following roles:
- Composition of the arbitral tribunal
When appointing a sole or presiding arbitrator, the appointing authority follows the list-procedure as provided for under the MIAC Arbitration Rules (Article 8(2)). In accordance with Article 8(2) (d) of the MIAC Arbitration Rules, the appointing authority will exercise his discretion when requested to appoint a second arbitrator. The appointing authority’s choice of arbitrators for the list-procedure or direct appointments is not limited to any list or panel, and the appointing authority is therefore free to choose the most appropriate person for the matter at hand.
- Arbitrator challenge and termination of mandate
A party intending to challenge an arbitrator should send notice of its challenge in accordance with Article 13 of the MIAC Arbitration Rules.
- Fees and expenses of arbitrators
Under Article 41 of the MIAC Arbitration Rules, the appointing authority’s role in relation to the arbitrators’ fees and expenses includes the following:
– any party may refer an arbitral tribunal’s proposal regarding the manner in which its fees and expenses will be determined to the Secretary-General for review and, if necessary, adjustment (Article 41(2)); and
– before fixing the costs of arbitration, the arbitral tribunal shall submit its determination of the costs, with an explanation of the manner in which the corresponding amounts have been calculated, to the appointing authority for review and, if necessary, adjustment (Article 41 (3)(a)).
MIAC Arbitration Rules 2018
MIAC has developed a modern set of arbitration rules, the MIAC Arbitration Rules 2018, effective 27 July 2018.
The MIAC Arbitration Rules are a set of procedural rules that parties may use for arbitration of commercial disputes. The MIAC Arbitration Rules are based on the UNCITRAL Arbitration Rules 2010, and follow the tested provisions of the Mauritian International Arbitration Act, 2008 for arbitral appointments and challenges. A model arbitration clause for use in connection with the MIAC Arbitration Rules can be found here.
As in the Mauritian International Arbitration Act, 2008, the MIAC Arbitration Rules entrust the Secretary-General of the PCA with the role of appointing authority.
Mediation and conciliation
MIAC also provides administrative support in other forms of alternative dispute resolution, including mediation and conciliation.
Case Administration
As an administering institution, MIAC provides the following services:
- transmitting oral and written communications from the parties to the arbitral tribunal and vice-versa, and between the parties;
- maintaining an archive of filings and correspondence;
- making all arrangements concerning the amounts of the arbitrators’ fees and advance deposits to be made on account of such fees in consultation with the parties and the arbitrators;
- holding the party deposits and disbursing tribunal fees and expenses;
- assisting the arbitral tribunal to establish the date, time, and place of hearings;
- making hearing and meeting rooms available to the parties and the arbitral tribunal;
- making arrangements for transcription, recording, interpretation, translation, catering, or other support associated with hearings or meetings in Mauritius or elsewhere;
- assisting with travel and hotel reservations; and
- carrying out any other tasks entrusted to it by the parties or the arbitral tribunal.
Schedule of Fees
MIAC’s current Schedule of Fees can be downloaded here.