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Arbitration Rules 2018

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    Emergency Arbitrator

    A party applying for the appointment of an Emergency Arbitrator pursuant to Appendix 4 of the Rules shall pay an Application Deposit of MUR 1,000,000 on the date of application. Where the application is submitted by more than one party, those parties shall pay the Application Deposit in equal shares, unless the parties agree otherwise.
    The Application Deposit is intended to cover:

    • MARC’s Administrative Expenses in the amount of MUR 190,000.
    • The Emergency Arbitrator’s fees and expenses in the amount of MUR 810,000.

    MARC may increase the Emergency Arbitrator’s fees and/or MARC’s administrative expenses taking into account the circumstances set out therein.

    The fees of an Emergency Arbitrator shall be determined by MARC by reference to his or her hourly rate (capped at MUR 20,000 per hour), unless the parties have opted to have the fees of the arbitral tribunal determined as per Appendix 3 of the Rules.

         
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    Optional Appeal Procedure

    A party submitting a request for Appeal pursuant to Appendix 6 of the Rules shall pay an Appeal Deposit of MUR 1,000,000 on the date of application. Where the application is submitted by more than one party, those parties shall pay the Appeal Deposit in equal shares, unless the parties agree otherwise.
    The Appeal Deposit is intended to cover:

    • MARC’s Administrative Expenses in the amount of MUR 190,000.
    • The Appeal Panel’s fees and expenses in the amount of MUR 810,000, subject to determination as per paragraph 1 above

    MARC may increase the Appeal Panel’s fees and/or MARC’s administrative expenses taking into account the circumstances set out therein.

    The fees of the Arbitral Tribunal in an Appeal Procedure shall be determined by MARC by reference to his or her hourly rate (capped at MUR 20,000 per hour), unless the parties have opted to have the fees of the arbitral tribunal determined as per Appendix 3 of the Rules.

         
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    Expedited Procedure

    Rule 20 of the MARC Rules enables a party prior to the constitution of the tribunal to apply to the Secretariat in writing for the arbitration to be conducted in accordance with Article 20.2. Such an application can only be made where the aggregate of any claim, counterclaim or set-off does not exceed MUR 25 million or if the parties so agree. Rule 20.2 sets out the procedure for an Expedited Procedure, which will be before a sole arbitrator unless agreed otherwise, including that the dispute will be decided on a documents-only basis unless the tribunal decides this would be inappropriate. The award has to be made within six months unless extended and the award may state the reasons upon which it is based in summary form unless the parties have agreed for no reasons to be given. Rule 20.4 enables the Secretariat on application to reconsider the matter and decide that the Expedited Procedure shall no longer apply to the arbitration.

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