MAC Fees and Charges

1.1    MALTA ARBITRATION CENTRE ES DUE ON FILING OF A NOTICE OF ARBITRATION 

         1.1.1   Domestic/Ordinary Arbitration

1.1.1.A ​
The filing fee, which is not refundable, in respect of a claim, counter claim or any additional claim shall be 25% of the equivalent ad valorem registry fees due to the Superior Courts of Malta as these emerge from the relative legal notices issued in terms of the Code of Organization and Civil Procedure with a minimum fee of €116.47.​
1.1.1.B​ When a claim, counter claim or any additional claim is not expressed in monetary terms, and in cases where the amount is not stated, the claimant shall declare the value of its claim. Such declaration shall be made upon the filing of the Notice or upon the filing of a counter claim or any additional claim as the case may be. The Registrar may revise the abovementioned value. ​
1.1.1.C​ If more than two parties are involved in arbitral proceedings, a flat rate of €11.65 for each additional party is charged in the case of Motor Claims Arbitrations, Condominium Arbitrations and Co-Operative Societies Arbitrations, whether such arbitrations are short form arbitrations or mandatory arbitrations, and in the case of the disputes contained in the Fourth Schedule to the Arbitration Act; and in all other cases, a flat rate equivalent to 10% of the registry fee stated in paragraph 1.1.1.A is charged for each additional party.​
1.1.2​ Short Form Arbitrations ​
The filing fee, which is not refundable, in respect of a claim, counter claim or any additional claim shall be as stated in paragraph 1.1.1.A with an additional discount of 25% on the registry fee on the basis of compliance with the Short Form Rules with a minimum fee of €88.52.​
1.1.3 ​ Mandatory Arbitrations​
€69.88
 
Provided that in the case of Motor Traffic Disputes where the value of the dispute does not exceed €6,988.12 and in the case of Paying Agency Disputes, the filing fee shall be €23.29.​

 

1.2 ​ FEES DUE ON THE TRANSFER OF PROCEEDINGS FROM COURT OR OTHER TRIBUNALS TO ​
ARBITRATION: ​
€116.47 due on filing of docket with copies of all relevant documents.
1.3​ MALTA ARBITRATION CENTRE SERVICE CHARGES​
The Centre provides administrative services in support of arbitration. The following are the charges of the Centre:​
Service Costs​
Secretarial service​ €8.15 per hour or part thereof​
Transcription of evidence​
€4.66 per page​
Cassettes for recording evidence​
€2.33 each​
Photocopies​
23c per page​
Authenticated True Copies of Original Documents​
47c per page​
Postage expenses for distributing claim and response, orders, awards etc.​
at cost​
Use of MAC Premises​
€11.65 per hour or part thereof, €13.98 per hour or part thereof if after office hours.​
Catering costs ​
at cost​
Telecommunications​
at cost​
Subpoena of witnesses​
according to the applicable court tariff
Translation services​
at cost​
Administration fee for deposits​
1 % of total deposit or €23.29 
whichever is the greater​
Service of documents and other acts [Rule 20]
(excluding Notice of Arbitration)​
€23.29 per document served​
Service of documents and other acts by electronic means​
€4.66 per document served
 
1.4​ REGISTRATION OF AWARDS ISSUED IN ACCORDANCE WITH ARTICLE 46 (4) AND (5) OF THE  ​
ACT -CONSENT AWARDS​
50% of the filing fee as stated in paragraph 1.1.1.A of this Appendix with a minimum fee of €116.47.
1.5  ​ REGISTRATION OF FOREIGN ARBITRAL AWARDS​
The registration fee for foreign arbitral awards shall be equal to that payable for proceedings for the same purpose in the Courts of law subject to a minimum fee of €116.47.​
1.6​ FILING/REGISTRATION FEES OF INTERNATIONAL ARBITRATION​
The following non-refundable fee is payable in full by a filing party to the Centre for services provided under the Arbitration Act, when a claim, counter claim or additional claim is filed, as provided in the following Tariff:​
 
Amount of claim in US$​ Fees in US$​
up to 10,000​ 500​
above 10,000 up to 50,000​
750​
above 50,000 up to 100,000​
1,250​
above 100,000 up to 250,000​
2,000​
above 250,000 up to 500,000​
3,000​
above 500,000 up to 1,000,000​
4,000​
above 1,000,000 up to 5,000,000​
6,000​
above 5,000,000​
negotiable​
  
(a)​ When a claim or counter claim or additional claim is not a monetary amount an appropriate filing fee will be determined by the Centre which, in no event, will be less than US$ 1,250. In exercising its discretion, the Centre may take various factors into consideration, such as the anticipated length of time that the arbitration process is expected to take, and the complexity of the issue.​
(b)​
The minimum filing fee for any case having more than one arbitrator is US$1,500.
(c) ​
For each day of hearing held before a single arbitrator, an administrative fee of US$ 150 is payable by each party to the Centre.​
(d)​ For each day of hearing held before a three arbitrator panel, an administrative fee of US$ 250 is payable by each party to the Centre.​
(e)​ A fee of US$ 200 is payable to the Centre by a party causing a postponement of any hearing before a sole arbitrator.​
(f)​ A fee of US$ 350 is payable to the Centre by a party causing a postponement of any hearing before an arbitral tribunal composed of more than one arbitrator.​
(g)​ In addition to the fees set out in this Part, the Centre shall charge such other fees or costs as may be determined by the Board from time to time for the use of its services and premises. Such fees and costs shall be published in a notice which will be posted at the Centre.​
(h)​ When no administrative services of the Centre are required except for registration of an international award, the fee shall be 50% of the table stated above.​
                             
1.7​ OTHER FEES
1.7.1​
Registration of an Additional Award
€34.94​
1.7.2​ Registration of a Partial Award​
€23.29
1.7.3 ​
Confirmation of Documents on Oath​
€23.29 per document​
  
  
Part II - Arbitrators’ Fees
 
1.​ Arbitrators’ fees may be agreed between the arbitral tribunal and the parties, but in the absence of any such agreement, the tariffs applicable shall be as per table below.​ ​ ​
Amount of Claim - €​ Arbitrators’ Fees - €​
0 to 1,164.69 
116.47
above 1,164.69 to 3,494.06 
279.52
above 3,494.06 to 11,646.87 
419.29
above 11,646.87 to 23,293.73 
698.81
above 23,293.73 to 46,587.47
1,048.22
above 46,587.47 to 116,468.67
1,863.50
above 116,468.67 to 232,937.34 ​ 2,911.72​
above 232,937.34 to 582,343.35 ​ 4,658.75​
above 582,343.35 to 1,164,686.70 ​ 8,152.81​
above 1,164,686.70 to 2,329,373.40​ 11,646.87​
in excess of 2,329,373.40 ​ 11,646.87 + 0.3% of any amount in excess of 2,329,373.40​
  
2.​
Unless there is an agreement on the arbitrators’ fees between the arbitral tribunal and the parties, in the case of Short Form Arbitrations, the tariff shall be €128.12 but the arbitral tribunal is entitled to an extra fee of €23.29 per hour for any subsequent hearing of the duration of more than two hours in excess of one.​
3.​ In the case of mandatory arbitrations, the arbitrators’ fee shall be €104.82:​
Provided that in the case of Motor Traffic Disputes where the value of the dispute does not exceed €1,164.69 and in the case of Paying Agency Disputes, the arbitrators’ fee shall be €58.23:
Provided further that the arbitral tribunal may, in special circumstances, charge supplementary charges.
Arbitrators’ Fees shall be payable provisionally by claimant on the filing of the Notice.
4.​ The above arbitrators’ fees are exclusive of value added tax.
 
 
Part III - Representation and Assistance
 
​These amounts are extracted from the tariff applicable to lawyers as per Legal Notice 142 of 2000.​
Value of Claim - €​ Fee - €​
2,329.37 
151.41
3,494.06
186.35
4,658.75
221.29
5,823.43
256.23
6,988.12
291.17
11,646.87
430.93
18,634.99​ 640.58​
23,293.73​ 780.34​
46,587.47​ 1,013.28​
69,881.20​ 1,246.21​
93,174.94​ 1,712.09​
232,937.34​ 2,876.78​
2,329,373.40 ​ 23,841.14
  
1.​ Legal representation or assistance fees may be agreed between the representative or assistant and the client and in the absence of any such agreement, the tariffs applicable shall be as per above table.​

2.

In the case of Short Form Arbitrations, representation or assistance fees that the unsuccessful party may be condemned to pay notwithstanding any agreement reached between the representative or assistant and his client will not exceed €116.47​

Provided that if in the opinion of the arbitral tribunal as stated in the award, there exist special circumstances which may merit a higher fee, the arbitral tribunal may exceed such sum in condemning the unsuccessful party to costs.

3.​ The above representation and assistance fees are exclusive of value added tax.​