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Conciliation Rules

  • PREAMBLE

    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 optional Conciliation.

    SECTION 1

    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.

    SECTION 2

    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.

    SECTION 3

    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.

    SECTION 4

    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 MCCI.

    SECTION 5

    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 necessary.

    The parties may, if they so wish, be assisted by a person of their choice.

    SECTION 6

    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.

    SECTION 7

    Conciliation proceedings shall terminate in the following cases :-

    1. signing of an agreement between the parties. The parties shall be bound by such agreement which remains confidential unless its implementation imposes disclosure of its contents;
    2. a declaration signed by the Conciliator stating that Conciliation attempts have failed, but the Conciliator shall not have to state the grounds for making this declaration, or
    3. notice to the Conciliator at any time during the Conciliation process, by one or both parties, of the decision to discontinue the proceedings.

    SECTION 8

    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).

    SECTION 9

    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 :

    • the fees and expected expenses to be incurred in relation to the Conciliation, and
    • administrative costs including the processing fees as per schedule 1.

    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 party.

    SECTION 10

    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.

    SECTION 11

    The parties undertake not to adduce evidence under any form in arbitral or judicial proceedings of :

    1. views expressed or proposals made by the other party regarding any possible resolution of the dispute;
    2. proposals made by the Conciliator;

    the preparedness of one party to accept an agreement proposed by the conciliator.

    SCHEDULE 1

    SCALE OF ARBITRATION AND CONCILIATION COSTS

    (January 1st, 1996)

    A. ONE ARBITRATOR FEES

    Sum in dispute

    (USD)

    Fees (USD)

    Under

    50,000

     

    1,000

           

    From

    50,001 to

    100,000

    1,000

    +

    2%

    of the sum above

    50,000

    From

    100,001 to

    400,000

    2,000

    +

    1%

    of the sum above

    100,000

    From

    400,001 to

    800,000

    5,000

    +

    0,75%

    of the sum above

    400,000

    From

    800,001 to

    1,500,000

    8,000

    +

    0,50%

    of the sum above

    800,000

    From

    1,500,001 to

    3,000,000

    11,500

    +

    0,40%

    of the sum above

    1,500,000

    From

    3,000,001 to

    5,000,000

    17,500

    +

    0,30%

    of the sum above

    3,000,000

    From

    5,000,001 to

    10,000,000

    23,500

    +

    0,10%

    of the sum above

    5,000,000

    If the sum in dispute is above 10 million USD the Court shall decide.

    B. ONE EXPERT FEES: 120 USD per man-hour.

    C. TRAVEL AND ACCOMMODATION EXPENSES FOR ARBITRATORS AND EXPERTS

    • For the sole Arbitrator Tribunal, the Chairman, and the Arbitrator appointed by the Permanent Secretariat, their expenses shall be borne evenly by the parties.
    • In case of a 3 Arbitrator Tribunal, each party shall bear solely the expenses of the Arbitrator appointed by him.
    • Each party shall bear the expenses of the Expert/s he requests the Arbitral Tribunal to appoint.
    • In case the Expert/s is appointed by the Permanent Secretariat, or at the Arbitral Tribunal's own initiative, the expenses shall be borne evenly by the parties.

    D. ADMINISTRATIVE EXPENSES

    Sum in dispute

    (USD)

    Administrative expenses (USD)

    Under

    50,000

     

    500

           

    From

    50,001 to

    100,000

    500

    +

    1%

    of the sum above

    50,000

    From

    100,001 to

    400,000

    1,000

    +

    0,50%

    of the sum above

    100,000

    From

    400,001 to

    800,000

    2,500

    +

    0,40%

    of the sum above

    400,000

    From

    800,001 to

    1,500,000

    4,100

    +

    0,30%

    of the sum above

    800,000

     

    1,500,001 to

    3,000,000

    6,200

    +

    0,20%

    of the sum above

    1,500,000

     

    3,000,001 to

    5,000,000

    9,200

    +

    0,10%

    of the sum above

    3,000,000

     

    5,000,001 to

    10,000,000

    11,200

    +

    0,05%

    of the sum above

    5,000,000

    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 scale.