Western and Central Africa
Eastern and Southern Africa
Eastern Europe and Central Asia
An amicable settlement is a desirable solution to domestic and
international commercial disputes. To assist all parties concerned
in reaching such settlement, the Mauritius Chamber of Commerce and
Industry (MCCI) is pleased to provide the following Rules for
Any commercial dispute of a domestic or international nature may
be subject to Conciliation by a sole Conciliator appointed by the
Permanent Secretariat of the MCCI.
Any party wishing to have recourse to Conciliation shall apply
to the Permanent Secretariat of the MCCI Court of Arbitration
stating briefly the subject matter of his application and enclosing
the processing fees provided under Schedule 1.
The Permanent Secretariat shall inform the other party concerned
of the application as soon as possible. The other party is
requested to inform the Secretariat within 15 days of his intention
to accept or refuse the Conciliation procedure.
If the requested party accepts the Conciliation procedure, he
shall inform the Permanent Secretariat of his acceptance within the
prescribed time limit.
In the absence of any reply within the time limit or in case of
a negative reply, the request for Conciliation is deemed rejected
and the Permanent Secretariat shall inform the applicant of the
rejection in a timely manner.
On being informed of the acceptance of the request for
Conciliation, the Permanent Secretariat shall appoint a Conciliator
as soon as possible. It shall inform the parties of the appointment
and require the parties to make their submissions within a definite
period of time.
The Conciliator is appointed from amongst persons whose names
appear on the list of Arbitrators or Experts approved by the
The Conciliator will assist in such manner as he deems fit the
Conciliation process in accordance with principles of impartiality,
fairness and natural justice.
He shall determine with the consent of the parties the place
where the Conciliation proceedings will be held.
He may at any time during the Conciliation process require any
party to provide him with additional information which he deems
The parties may, if they so wish, be assisted by a person of
The Conciliation process is of a strictly confidential nature,
and any person involved in any capacity whatsoever shall not
disclose any information relating to such Conciliation.
Conciliation proceedings shall terminate in the following cases
Following termination of the proceedings the Conciliator shall
communicate to the Permanent Secretariat either the agreement
signed between the parties or the declaration made under section
7(b), or the decision to discontinue under section 7(c).
At the commencement of the proceedings the Permanent Secretariat
shall determine in the light of the nature and importance of the
dispute the amount to be paid by the parties in equal shares to
enable the Conciliation process to be set in motion.
This amount shall cover the following :
In the event that during the course of the proceedings the
Permanent Secretariat considers that the initial amount already
paid will not cover all the costs, the Permanent Secretariat shall
call on the parties to make additional payments and the parties
shall make such payments in equal shares.
After proceedings have been terminated the Permanent Secretariat
make a final determination of the fees and administrative costs of
the proceedings and inform the parties of same in writing.
The fees and administrative costs are borne by the parties in
equal shares, unless there is an agreement to the country.
Any other expense incurred by a party shall be borne by that
Except with the agreement of the parties, the Conciliator shall
not act as Arbitrator, representative or counsel for any of the
parties in judicial or arbitral proceedings relating to a dispute
which was the subject of Conciliation proceedings before him.
The parties further undertake expressly not to call the
Conciliator as a witness in such proceedings.
The parties undertake not to adduce evidence under any form in
arbitral or judicial proceedings of :
the preparedness of one party to accept an agreement proposed by
SCALE OF ARBITRATION AND CONCILIATION COSTS
(January 1st, 1996)
A. ONE ARBITRATOR FEES
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