Western and Central Africa
Eastern and Southern Africa
Eastern Europe and Central Asia
A Court of Arbitration (hereinafter referred to as "the Court")
is established by the Mauritius Chamber of Commerce and Industry
(MCCI) situated at 3, Royal Street, Port-Louis. The Court shall be
governed by, and shall act in accordance with the rules of the MCCI
and these Arbitration Rules.
The Permanent Secretariat of the Court (hereinafter referred to
as the "Permanent Secretariat") shall ensure compliance with the
Arbitration Rules and the proper conduct of arbitral
It shall also be responsible for administrative and financial
matters of the Court.
All proceedings before the Court shall be strictly
Neither the parties nor their representatives or Counsels nor
the Arbitrator or Experts may disclose any matter pertaining to the
A list of approved Arbitrators is established by the Permanent
Secretariat and the President of the MCCI.
The list shall consist of two parts, the first one setting out
the names of Arbitrators who may determine domestic disputes, and
the second one those of Arbitrators who may determine disputes of
an international nature, each of them in alphabetical order.
The list shall be regularly updated and communicated to any
interested person and shall also be available for consultation at
the offices of the MCCI.
Any individual person, irrespective of nationality, may be
included in the list of Arbitrators at the sole discretion of the
Permanent Secretariat and the President of the MCCI.
The parties to any dispute submitted to the Court must appoint
the Arbitrators from amongst persons whose names appear on the list
established under this Section.
The approved Arbitrators shall comply with the Code of Conduct
for International Arbitrators adopted by the International Bar
A list of approved Experts is established by the Permanent
Secretariat and the President of the MCCI.
The list shall be established for different specialist areas and
shall be regularly updated. It shall be communicated to any
interested person and may also be consulted at the offices of the
Any individual person, irrespective of nationality, may be
included in the list of approved Experts at the sole discretion of
the Permanent Secretariat and the President of the MCCI.
However, the Arbitral Tribunal may appoint an Expert either from
the approved Expert list, or from outside this list.
Any person appointed as Arbitrator or Expert in connection with
any arbitral proceedings shall disqualify himself if his present or
past relationship with the parties or Counsel may affect his
In case the Expert or Arbitrator has any doubt as to whether the
situation requires that he disqualifies himself, he may seek the
views of the Permanent Secretariat thereon.
In case the appointed Arbitrator or Expert disqualifies himself,
he shall inform the Permanent Secretariat by registered post and
the Secretariat shall then inform the other Arbitrators or Experts
concerned and the parties.
An Arbitrator or Expert may be challenged by any of the parties
if it is established that his past or present relationship with any
of the parties or their Counsel may affect his independence.
The party challenging any of the Arbitrators or Experts shall
inform the Permanent Secretariat by registered post of the
challenge within fifteen days of his receiving notification of the
appointment of the Arbitrator or Expert.
The Permanent Secretariat shall after consultation with the
President of the MCCI inform the other Arbitrators or Experts
concerned and the parties, of whether the challenge is upheld or
In case an Arbitrator or Experts resigns, either on his own
initiative or following a joint decision of the President of the
MCCI and the Permanent Secretariat, the latter shall, after
consultation with the President of the MCCI, appoint another
Arbitrator or Expert from amongst persons whose names appear on the
lists established by the Court.
APPLICATION TO THE COURT
A request for Arbitration may be made to the Court, based either
on a 'clause compromissoire' already included in a contract, or
else on a 'compromis d'arbitrage' drafted after the dispute
If parties to a dispute agree to submit the dispute to
arbitration by the Court in accordance with these Arbitration
Rules, the dispute may be heard either by a sole Arbitrator or by a
panel of three Arbitrators (in either case hereinafter referred to
as the "Arbitral Tribunal"). In case the parties do not express an
agreed preference, the Permanent Secretariat shall after
consultation with the parties determine the number of
All documents and submissions and any correspondence, memorandum
or evidence submitted by the parties must be addressed to the
Permanent Secretariat in sufficient number of copies for all
parties, Arbitrators and Experts.
All notices or communications from the parties to the Permanent
Secretariat or the Arbitrators shall be valid only if made in
writing and receipt thereof is acknowledged, or if they are sent by
registered post to the Permanent Secretariat which shall then
despatch same to all those concerned at their known addresses.
Any period of time specified in these Rules begins to run on the
day following the date a notification or communication is effected
in accordance with this section, unless that day is a non-business
day in the country where it is effected, in which case it starts to
run on the first subsequent business day there following that date.
Official holidays and non-business days are otherwise included in
all computations of time.
Any person wishing to submit a dispute to the Court shall make
an application to the Permanent Secretariat, MCCI Court of
Arbitration, 3, Royal Street, Port-Louis, Mauritius.
The application shall contain the following information and
The application shall be accompanied by the processing fee
prescribed under schedule 1.
The application shall be registered by the Permanent Secretariat
which shall then transmit same along with the documents submitted
to the other parties.
The date on which the other party received such notice shall be
deemed to be the date on which the arbitral proceedings have
The lodging of such an application with the Court shall suspend
the application of any contractual limitation period.
The respondent shall within 21 days from the date on which
notice of the arbitral request is received by him state to the
Permanent Secretariat his comments regarding the arbitral request
accompanied with the following information and documents :
-if the dispute is to be submitted to a panel of three
Arbitrators, the designation of an Arbitrator;
-if the dispute is to be submitted to a single Arbitrator, a
statement as to whether he accepts the applicant's proposal, and,
if not, the designation of an alternative Arbitrator from the
Failure by the respondent to serve notice to the Permanent
Secretariat within 21 days, shall not necessarily prevent
continuation of the Arbitral proceedings. The Permanent Secretariat
shall after due consultation with the MCCI President and the
applicant decide whether to set up the Arbitral Tribunal and
proceed with the case.
The Arbitrator/s shall be appointed within 21 days following
lodging of the respondent's notice.
If the parties agree on the appointment of a particular sole
Arbitrator, he shall be appointed as sole Arbitrator.
If the parties agree to submit the dispute to a sole Arbitrator
but cannot agree on the appointment of any particular Arbitrator,
the latter shall be appointed by the Permanent Secretariat from
amongst persons whose names appear on the list of approved
If the parties agree that a panel of three Arbitrators shall be
appointed, the Arbitral Tribunal shall consist of the two
Arbitrators appointed by the parties, in the application and notice
of the respondent respectively, and of a third Arbitrator appointed
by the first two Arbitrators designated by the parties, from
amongst the list of persons whose names appear on the list of
approved Arbitrators, and the third Arbitrator shall be Chairman of
In the event that the required appointments are not made by the
parties or the Arbitrators within 14 days following the lodging of
the notice of the respondent with the Permanent Secretariat, the
appointment/s shall be made by the Permanent Secretariat from
amongst the list of persons named in the list of approved
In the event that an Arbitrator is to be replaced following the
death or incapacity or the successful challenge of an Arbitrator,
or for any other reason, a new Arbitrator shall be appointed by the
The appointment shall be made by the Permanent Secretariat after
consultation with the President of the MCCI.
The modalities of the proceedings' resumption shall be at the
Arbitral Tribunal's discretion.
In case of the parties raises any objection about the
applicability or validity of the arbitral clause, the Arbitral
Tribunal shall determine whether it has jurisdiction in the
The parties shall determine the place and the language of the
arbitral proceedings either in their arbitral clause or agreement
or in their respective application and notice of the
In case the parties do not agree on this, the Permanent
Secretariat shall after consultation with the parties, determine
the appropriate place and/or language of the Arbitration before the
appointment of the Arbitrator/s.
The Arbitral Tribunal shall apply the substantive law which the
parties have designated as the governing law of their Contract or
in the absence of such designation, the law which it finds
applicable in accordance with the rules of conflict of laws which
it deems appropriate.
The Arbitral Tribunal may act as an "amiable compositeur" only
with the express agreement of the parties.
The parties may initiate judicial proceedings to obtain any
order which the Arbitral Tribunal is unable to grant.
Recourse to such proceedings by any party shall not constitute a
breach of the agreement to submit to Arbitration or be construed as
causing any prejudice to the powers of the Arbitral Tribunal.
The Permanent Secretariat shall be informed immediately of any
recourse to a judicial authority and of any order obtained from the
judicial authority and shall subsequently inform the Arbitral
Tribunal of the same.
The Permanent Secretariat shall inform the Arbitrator/s and the
parties of the appointment of the Arbitral Tribunal. The Permanent
Secretariat shall at the same time communicate the respondent's
statement of defence to the applicant.
The respondent may include in his statement of defence a
counter-claim but only where the subject matter of his
counter-claim is within the scope of the Arbitration clause or
agreement upon which the original request for Arbitration is based.
If a counter-claim is made, the applicant shall have 21 days from
the date on which the statement of defence is communicated to him
to submit his reply to the Arbitral Tribunal.
The Arbitral Tribunal shall, subject to these present Rules and
to the rules of natural justice, have control of the Arbitral
proceedings and shall after consultation with the parties give all
necessary directions to ensure a speedy and economical
determination of the issues between them.
Such directions of the Arbitral Tribunal may include orders for
the submission of further pleadings or further particulars of
pleadings, discovery of relevant documents, reports of Experts,
testimony or appointment of Experts by the Arbitral Tribunal, the
filing and exchange of witnesses' statements before hearing and
their production in evidence and for the holding of one or more
preliminary meetings of the Tribunal with the parties.
Subject to section 18, the directions given by the Arbitral
Tribunal shall include the fixing of a date for the hearing of any
oral testimony and of oral submissions by the parties.
After examining all pleadings, memoranda and other documents
exchanged between the parties and documents filed as part of the
records, the Arbitral Tribunal shall hear oral submissions by the
parties at the request of any one of them or may do so on its own
In the event that one of the parties duly summoned fails to
appear before the Arbitrator/s, the latter may after ascertaining
from the Permanent Secretariat that the summons was communicated to
the party at his last known address and in the absence of any valid
excuse continue the proceedings which shall be deemed to have taken
place in presence of both parties.
Subject to these Rules, the Arbitral Tribunal determines the
procedure for the hearings which shall be held in presence of both
Any person not connected with the proceedings shall not be
admitted to the hearings except with the consent of the
Arbitrator/s and the parties.
The parties may appear before the Arbitrator/s in person or
through their duly empowered representative. They may be assisted
by any person of their choice.
The Arbitral Tribunal determines the rules of procedure which
shall govern the arbitral proceedings in accordance with the
agreement between the parties and these Rules. In the absence of
any relevant provision in the agreement or the Rules the
Arbitrator/s may apply such rules as may be provided in a domestic
law relating to arbitration. In determining the rules of procedure,
the Arbitrator/s shall ensure that the parties are treated equally
and that they are be given the opportunity to make submissions at
all stages of the proceedings.
The Arbitrator/s may also whenever appropriate refer to the
Complementary Rules of Evidence in International Arbitration
adopted by the International Bar Association.
The Arbitral Tribunal may at any time in the course of the
proceedings, at its own initiative or at the request of one or both
parties, call for one or more witnesses or experts or the
production of any document.
The parties shall be given opportunity to cross-examine
The Arbitral Tribunal may also at any time during the
proceedings, either at its own initiative or at the request of one
of the parties, call for any report that is deemed necessary. The
Tribunal shall in such a case state the conditions and the manner
in which the report will have to be prepared and set a time limit
for submission of same.
The Arbitral Tribunal shall also determine the amount of such
fees as will have to be paid to obtain the expertise by both
parties or one of them, and fix the date for payment of such fees.
The report shall not be binding on the Arbitrator/s who may
subsequently, either at their own initiative or at the request of
the parties or of one of them, ask for an additional report or a
The Arbitral Tribunal may at its sole discretion and without
giving any reasons extend any time limits set for hearing of
witnesses or production of reports or filing of additional
However the aggregate of such extension should not exceed 60
days except for reports, additional reports or counter-reports for
which the Arbitral Tribunal shall decide to grant such extension as
may be required.
In any event the Arbitral Tribunal shall give an award no later
than 6 months from the date on which the first notice of reply is
served by the respondent. This 6-months period may exceptionally be
extended in the two following cases :
In the second case, the extension shall be limited to 6 months
The Arbitral Tribunal shall submit a draft of the proposed award
to the Permanent Secretariat which may call for changes in form
and, without any prejudice to the independence of the Arbitrator/s,
draw its attention to matters of substance.
The arbitral award shall state the reasons for the decision.
The award shall be communicated to the Permanent Secretariat
within 30 days following the close of the hearings.
If the proceedings take place before a panel of three
Arbitrators, the decision shall be made by a majority of
Arbitrators, but if there is no majority, the decision shall be
made by the Chairman of the Arbitral Tribunal solely.
The arbitral award shall be signed by the Arbitrator/s and shall
state the full names of the Arbitrator/s and the date on which the
award has been made.
In the event that a dissenting Arbitrator fails to sign the
award, the other Arbitrators shall make a statement to that effect
in the award. This refusal shall have no effect regarding the
validity of the award.
The Permanent Secretariat shall communicate the award to the
parties by registered post.
The Arbitral Tribunal shall state in the award which of the
parties shall bear the costs of the arbitral proceedings and in
what proportions, if any.
The costs shall include the Arbitrator/s fees, the
administrative costs of the Court and the Expert's fees, if any.
The Arbitral Tribunal may at its own discretion consider the normal
expenses incurred by one or both parties and state in the award the
party or parties to bear such expenses.
In case no amount payable is outstanding, the Permanent
Secretariat shall communicate the award to the parties within three
days after its signature.
In case any amount of costs payable remains outstanding, the
parties will be informed that an award has been given. The amount
still outstanding as well as the respective liabilities of the
parties regarding the amount still unpaid will be transmitted to
The award is communicated to the parties within three days of
full settlement of the unpaid amount.
The award shall be final and shall not be subject to review by
any other jurisdiction, save for any review that may be provided by
law and which cannot be waived by the parties.
The award shall be immediately enforceable by the parties unless
the Arbitral Tribunal provides otherwise.
The cost of arbitral proceedings before the Court shall consist
of the following :
The processing fee prescribed under Schedule 1 and payable at
the time of application shall not be refundable and shall be deemed
to be a down payment on administrative costs.
The Permanent Secretariat shall determine the advance payments
to be made to cover administrative costs and the fees of
Arbitrator/s and Expert/s if any, on the basis of the scale of
costs and fees prescribed by the Court under Schedule 1.
In case the application is followed by one or more
counter-application, the Permanent Secretariat may require separate
advance payments for the main application and the
The advance payments required shall be paid in equal proportion
by the applicant and respondent.
However, the total amount payable either for the main
application or the counter application/s may be paid by one of the
parties in case of default by the other party.
The Arbitral Tribunal shall determine the final costs covering
administrative fees and Arbitrators/Experts fees on the basis of
the scale of costs and fees prescribed under Schedule 1, after
consultation with the Permanent Secretariat.
SCALE OF ARBITRATION AND CONCILIATION COSTS
(January 1st, 1996)
Sum in dispute
of the sum above
If the sum in dispute is above 10 million USD the Court shall
B. ONE EXPERT FEES: 120 USD per man-hour.
C. TRAVEL AND ACCOMMODATION EXPENSES FOR ARBITRATORS AND
D. ADMINISTRATIVE EXPENSES
Administrative expenses (USD)
If the sum in dispute exceeds 10 million USD, a lump sum of
15,000 USD shall be paid for the whole administrative costs.
E. CONCILIATION AND ARBITRATION COURT SUB MISSIONS
Advance payment :
- conciliation request : 500 USD
- arbitration request : 500 USD
F. CONCILIATION COSTS
The conciliator's fees and administrative expenses represent 50%
of the rates applicable to Administrative fees and Arbitrators fees
in Arbitral proceedings as per paragraphs A and D of the present