Arbitration & Mediation

Introduction to MARC Arbitration

WHAT IS ARBITRATION?

Arbitration is a flexible, consensual process for resolving business disputes in a binding, enforceable manner.

Parties entrust their dispute to one or more independent and neutral third party(ies) who will rule on the dispute. These decision makers are called arbitrators, or collectively the arbitral tribunal. The arbitral tribunal after hearing all the disputants, through rules of procedure that have been commonly agreed, will give a decision called an award. This award is binding on the parties and can be made enforceable by the judicial authorities through the procedure of 'exequatur'.

The process is more flexible, speedier and in the long run, less costly than protracted court proceedings that may last for years. It also provides parties with more control on the dispute resolution process as they may choose beforehand the language, venue and governing law of the dispute, which is impossible in normal state court litigations.

Due to its numerous advantages over litigation, arbitration has become the preferred and most widely used mechanism for resolving international commercial disputes.

MARC ARBITRATION

MARC provides a flexible and efficient arbitration procedure through its MARC Arbitration Rules.

Established in 1996 as the MCCI Permanent Court of Arbitration, MARC pioneered institutional commercial arbitration in Mauritius and in the Indian Ocean Region. It also initiated representations with the public authorities for the ratification of the New York Convention by the Mauritian parliament, which led to the proclamation of the Convention of New York on the Recognition and Enforcement of Foreign Arbitral Awards Act 2004. The New York convention, the most important multilateral treaty on international arbitration, enables the recognition and enforcement of foreign arbitral awards in party countries. As at date 154 countries have adopted the Convention.

MARC's institutional framework for arbitration provides parties with a flexible, confidential and neutral setting for quick and efficient dispute resolution. While the dispute itself is resolved by independent arbitrators, the MARC Permanent Secretariat supervises the process from beginning to end, increasing the quality of the process and enforceability of the awards.

 

For more information on MARC, please visit the MARC website at www.marc.mu

Who can use MARC Arbitration and how to draft a MARC Arbitration Clause

MARC Arbitration can be used by a company, state, state entity, international organization or individual for resolving any commercial or economic disputes of a national and international nature.

It is not necessary to be a member of the MCCI or to have any other affiliation with MCCI. The only requirement is that the parties to a contract or separate arbitration agreement have agreed on MARC Arbitration. Parties most commonly agree on MARC Arbitration in a contract at the time of drafting and signing the contract, in prevision of future disputes. Alternatively, parties may choose MARC arbitration after the dispute has arisen, by entering into an arbitration agreement or 'compromis d'arbitrage'.

MARC offers the following standard arbitration clauses, which can be adjusted to fit national laws and the parties’ special needs.

The MARC Arbitration clause

Any dispute arising in connection with the present contract shall be finally settled under the Arbitration Rules of the Arbitration and Mediation Center of the Mauritius Chamber of Commerce and Industry (MARC) by [specify one or three] arbitrator(s) appointed in accordance with the said rules.

[If the contract is of an international nature, the parties should particularly foresee the applicable law, the venue and the language of the arbitration.]

Failure to include a MARC Arbitration clause in the original contract does not rule out MARC Arbitration. That choice can be made at any time. Obviously though, inclusion of a clause in the contract is advisable because it provides certainty as to the dispute resolution mechanism.

Arbitration agreements are binding and the awards are enforceable in most of the world’s trading nations, particularly due to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

Australia

June 1995
Australian Chamber of Commerce and Industry (ACCI)

China

April 1997
China Council for the Promotion of International Trade (CCPIT) - Beijing
China International Economic and Trade Arbitration Commission - Shanghai
November 1998
CCPIT Guangdong Sub-Council
September 2008
CCPIT Qingdao
May 2007
CCPIT Qingdao

Austria

September 2014
Austrian Federal Economic Chamber

France

September 1996
l’Assemblée des Chambres Françaises de Commerce et d’Industrie (ACFCI)

India

November 1985
Federation of Indian Chambers of Commerce and Industry (FICCI)
May 1996
Confederation of Indian Industry (CII)
June 1995
Tamil Nadu Chamber of Commerce and Industry
January 2004
India International Trade Center
May 2004
Seafood Exporters Association of India
October 2005
Seafood Exporters Association of India

Kenya

January 2011
The Kenya National Chamber of Commerce and Industry (KNCCI)

Madagascar

November 2004
Fédération des Chambres de Commerce, d’Industrie, d’Artisanat et d’Agriculture de Madagascar

Malaysia

August 1994
The National Chamber of Commerce and Industry of Malaysia
June 2005
Malaysian Associated Indian Chambers of Commerce and Industry

Mozambique

September 2012
Chamber of Commerce of Mozambique)

Pakistan

October 2004
The Federation of Pakistan Chambers of Commerce and Industry (FPCCI)

Russia

May 2007
Chamber of Commerce and Industry of the Russian Federation

Sri Lanka

May 2004
National Chamber of Commerce of Sri Lanka

Tanzania

January 2011
The Tanzania Chamber of Commerce, Industry and Agriculture (TCCIA)

Thailand

August 2004
The Federation of Thai Industries (F.T.I)
February 2013
TUSKON

Turkey

August 2014
DEIK (Foreign Economic Relations Board)
TOBB (The Union of Chambers and Commodity Exchanges of Turkey)

Réunion

June 1995
Chambre of Commerce and d’Industrie de la Réunion
March 2002
L’Association pour le Développement Industriel de la Réunion

Seychelles

November 2005
Seychelles Chamber of Commerce and Industry
April 2014
Seychelles Chamber of Commerce and Industry

Djibouti

August 2008
Chamber of Commerce of Djibouti

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  • Introduction to MARC Arbitration
  • Introduction to MARC Arbitration