No. Unless there is an arbitration clause in the contract or parties have a post-dispute agreement to refer the dispute to arbitration at MARC or arbitration in accordance with the MARC Rules, MARC will not be able to administer the arbitration.
If the arbitration clause does not refer to any arbitral institution, parties should draw an Agreement to include a MARC Clause as an addendum to their contract.
No. An arbitration agreement referring to “arbitration in Mauritius” may not sufficiently provide for MARC arbitration.
To ensure that parties’ intention for arbitration at MARC under the MARC Rules is reflected in the contract, parties may wish to use the MARC Model Clause.
Yes. MARC may act as appointing authority provided that there is an arbitration clause in the contract (or parties have a post-dispute agreement) referring the appointment of the arbitral tribunal to MARC or appointment of the arbitral tribunal in accordance with the MARC Rules. An appointment fee is payable to MARC for such appointments.
Provided that parties have agreed to refer a dispute to arbitration at MARC or arbitration in accordance with the MARC Rules, an arbitration may be commenced by filing a Request for Arbitration with the Secretariat of MARC, together with payment of the requisite Case Filing Fee.
Case Filing Fee are MUR 65,000 + 15% VAT.
If the Claimant does not pay the Case Filing Fee, the Secretariat may determine that the Request for Arbitration is not complete, or not substantially complete, and the arbitration will not be commenced.
Payments may be made by cheque payable to “The Mediation and Arbitration Center (Mauritius) Ltd” or by bank transfer to MARC’s bank account. For updated bank details, please contact MARC by telephone at +230 2034830 or by email at [email protected].
The Request for Arbitration may be filed with MARC by hand, registered post, courier service, email, facsimile or any form of telecommunication that provides a record of its transmission. The Request for Arbitration should be addressed to the Secretariat. MARC’s contact details are as follows:
Email: [email protected]
Address: 2nd Floor, Anglo-Mauritius House,6, Adolphe de Plevitz Street, Port Louis, Mauritius
A copy of the Request for Arbitration should be sent to the Respondent (and all other parties) simultaneously; the Claimant should notify MARC as to the mode of service and the date of service.
No. MARC does not provide a template for a Request for Arbitration, and parties are free to submit the Request for Arbitration in their preferred format. The Request for Arbitration, however, should comply with the formal requirements set out in Article 4 of the MARC Rules 2018.
The Answer to the Request for Arbitration may be filed with MARC Secretariat by hand, registered post, courier service, email, facsimile or any form of telecommunication that provides a record of its transmission. The Answer to the Request for Arbitration shall be submitted to MARC Secretariat contact details are as follows:
Email: [email protected]
Address: 2nd Floor, Anglo-Mauritius House, 6, Adolphe de Plevitz Street, Port Louis, Mauritius
Any counterclaim, set-off or crossclaim shall to the extent possible be raised with the Respondent's Answer.
The Respondent shall notify and lodge documentary verification with the Secretariat of the date of receipt by the Claimant of the Answer.
The MARC Court shall have the power, at the request of a party and after consulting with the parties and any confirmed or appointed arbitrators, to consolidate two or more arbitrations. An application for consolidation of two or more arbitrations is to be filed with the Secretariat. The MARC Court will then decide whether to grant, in whole or in part, the application for consolidation.
Yes. Any Request for Joinder shall be submitted as soon as possible before the constitution of the arbitral tribunal, except with the consent of all parties including the additional party and the arbitral tribunal. Before the constitution of the arbitral tribunal, a party wishing to join an additional party to the arbitration shall communicate the Request for Joinder to the Secretariat and all other parties. After the arbitral tribunal is constituted, a party wishing to join an additional party to the arbitration shall communicate the Request for Joinder to the arbitral tribunal, the Secretariat and all other parties.
The arbitral tribunal shall have the power to allow an additional party to be joined to the arbitration.
