The costs of the arbitration include:
- fees of the arbitral tribunal, as determined in accordance with Article 10 of the MARC Rules;
- reasonable travel and other expenses incurred by the arbitral tribunal;
- reasonable costs of assistance required by the arbitral tribunal such as expert advice and any tribunal secretary;
- reasonable costs for legal representation and other assistance, including fees and expenses of any witnesses and experts;
- the Filing Fee and Administrative Costs* payable to MARC in accordance with Appendix 1.
*Administrative costs do not include:
- Costs and expenses incurred by the arbitral tribunal.
- Usage costs of facilities and additional services in relation with the arbitration (ex. rental of meeting/conference room, transcription, translation, interpretation, video conference).
These costs are at the charge of the parties and will be charged as advance payment in equal proportion to the parties for provision of these additional services and facilities by MARC.
Arbitrations at MARC operate on an ad valorem system, in which the costs of the arbitration are generally based on the value of the claim.
- The Administrative Costs shall be determined in accordance with the schedule of costs based on the sum in dispute referred to in Appendix 1 including the terms and conditions contained therein.
- The fees and expenses of the arbitral tribunal shall be determined according to:
- an hourly rate (currently capped at MUR 20,000/hour) in accordance with Appendix 2, including the terms and conditions contained therein; or
- the schedule of fees based on the sum in dispute referred to in Appendix 3, including the terms and conditions contained therein.
The parties shall agree the method for determining the fees and expenses of the arbitral tribunal, and shall inform the Secretariat of the applicable method within 30 days of the date on which the Respondent receives the Request of Arbitration. If the parties fail to agree on the applicable method, the arbitral tribunal's fees and expenses shall be determined in accordance with Appendix 2.
Once the applicable method for determining the fees and expenses of the arbitral tribunal have been confirmed, the Secretariat will request the Claimant and the Respondent each to deposit with MARC an equal amount as an advance for the arbitration costs.
Parties may wish to use MARC’s online Fee Calculator to arrive at an approximation of the costs of arbitration. Parties may alternatively consult MARC’s Appendix 1, 2 and 3 to calculate the maximum costs of arbitration. Please note that these are aggregate figures which may not be representative of the total costs of arbitration of any particular case.
The actual costs of arbitration of any case will depend on, among other factors, the number of arbitrators, total amount in dispute, complexity, work performed by the arbitral tribunal and MARC Secretariat, and overall duration of the proceedings.
The estimated costs of arbitration using MARC’s online Fee Calculator do not include expenses that may be incurred in the arbitration (e.g. arbitral tribunal’s expenses, transcription services, supplementary fees etc.) and any applicable taxes.
MARC may also call for additional deposits over and above these amounts as may be appropriate in certain cases.
