The Expedited Procedure is a special, ‘fast-track’ procedure that is available by application in MARC arbitrations. Where a case is conducted under the Expedited Procedure, the final award will be issued within 6 months from the date the Secretariat transmit the file to the arbitral tribunal. In exceptional circumstances, the Secretariat may extend this time limit.
A party may apply to the Secretariat in writing for arbitration proceedings to be conducted in accordance with the Expedited Procedure where any of the following criteria is satisfied:
(a) the amount in dispute does not exceed the equivalent amount of MUR 25,000,000 representing the aggregate of the claim, counterclaim;
(b) the parties agree to the Expedited Procedure; or
A case conducted under the MARC Expedited Procedure will typically be heard before a sole arbitrator, unless the Arbitration Agreement provides otherwise.
The Secretariat will determine whether the arbitration proceedings will be conducted in accordance with the Expedited Procedure.
Upon the request of any party and after consulting with the other parties and any confirmed or appointed arbitrators, the Secretariat may, having regard to any new circumstances that have arisen, decide that the Expedited Procedure shall no longer apply to the arbitration. Unless the Court considers that it is appropriate to revoke the confirmation or appointment of any arbitrator, the arbitral tribunal shall remain in place.
The Emergency Arbitrator procedure is a special procedure whereby an Emergency Arbitrator is appointed to hear applications for urgent interim relief prior to the constitution of the arbitral tribunal.
A party in need of emergency relief may, concurrent with or following the filing of a Request for Arbitration but prior to the constitution of the arbitral tribunal, make an application for the appointment of an Emergency Arbitrator. The party shall notify the Secretariat and all other parties in writing of the nature of the relief sought, the reasons why such relief is required on an emergency basis and any relevant agreement (s), in particular arbitration agreement, comments on language, the seat of Arbitration Relief proceedings and applicable law. Such application must include a statement certifying that all other parties have been notified or an explanation of the steps taken in good faith to notify other parties.
The MARC Court shall within 24 hours of receiving the application and application deposit accept/reject the application and seek to appoint an Emergency Arbitrator within 24 hours. Based on MARC’s Schedule of Fees, applications for the appointment of an Emergency Arbitrator must be accompanied by an Application Deposit.
The Application deposit is intended to cover:
- MARC’s admin expenses of MUR 190,000
- The Emergency Arbitrator’s feed and expenses in the amount of MUR 810,000
Pursuant to paragraph 6 of Appendix 4 of the Rules, MARC may increase the Emergency Arbitrator’s fees or MARC’s administrative expenses taking into account the circumstances set out therein.
In addition to the Expedited Procedure, the MARC Rules 2018 offer a procedure for the early dismissal of claims and defences. A party may make an application to the Tribunal for the early dismissal of one or more claims or defences on the basis that:
- the claim(s) or defence(s) is manifestly without merit; or
- the claim(s) or defence(s) is manifestly outside the jurisdiction of the arbitral tribunal.
Awards in MARC arbitrations are generally enforceable outside Mauritius. MARC awards have been enforced in various jurisdictions.
