Mandatory Arbitration

1. A Notice of Arbitration (hereinafter referred to as the ‘Notice’) must be filed by the Claimant with the Malta Arbitration Centre (hereinafter referred to as the ‘Centre’), accompanied by the prescribed filing fee and the arbitral tribunal’s fee (hereinafter referred to as the ‘Tribunal’). The filing fee and the Tribunal’s fee are contained in Appendix A to the Arbitration Rules, 2004.
 
2. The Registrar of the Centre shall notify the Respondent with the Notice by registered mail. This notification shall also contain the dates for the filing of the Statement of Claim, if not already filed with the Notice, and the Statement of Defence together with the name/s of the persons proposed by Claimant to act as arbitrators.
 
3. If the Respondent does not agree with the person/s proposed by the Claimant, he/she may propose other persons to act as arbitrators. However, if the parties do not agree on the appointment of the Tribunal within thirty days of receipt by Respondent of the Notice, the Tribunal shall be composed of a sole arbitrator, who shall be appointed by the Chairman of the Centre.
 
4. The Respondent may file a Counter-Claim with the Statement of Defence.  When a Counter-Claim is filed, the Respondent must pay the prescribed filing fee and the Tribunal’s fee.  The Statements of Claim and Defence and the Counter-Claim must contain the details prescribed in Articles 29 and 30 of the Arbitration Act. The provisions of Article 40 of the Arbitration Act will apply if the Statements of Claim and Defence are not filed.
 
5. Once the Tribunal accepts its appointment, the arbitrator signs a declaration regarding his/her independence and impartiality in the case and communicates with the parties and/or their lawyers to establish the days and times of sittings. The Tribunal shall appoint the first sitting within one month from receipt of the documentation relative to the case.​
 
6. During the proceedings, each party shall have the burden of proving the facts relied on to support his/her claim or defence (in terms of Article 35). The evidence of witnesses in an arbitration shall be produced either viva voce or by affidavit (in terms of Article 36). Hearings shall be held in public.
 
7. The Tribunal shall deliver the award within two months from the date proceedings are declared closed. The Centre will notify the parties with the date, time and place for the delivery of the award provided that the Claimant would have already provisionally paid the balance of the arbitral expenses, that is the expenses due to the Centre and the fees and expenses of the Tribunal.
 
8. The award must be in writing, signed by the Tribunal and must contain the date on which and the place where it was made. The award shall be deemed to have been received by the parties on the date it is delivered by the Tribunal.
 
9. Within fifteen days from the date of delivery of the award, either party with notice to the other party, may request that the Tribunal gives an interpretation of the award (in terms of Article 47); or that the Tribunal corrects in the award any errors in computation, any clerical or typographical errors or any errors of similar nature (in terms of Article 48); or that the Tribunal makes an additional award as to claims presented in the arbitral proceedings but omitted from the award (in terms of Article 49).
 
10.
Within fifteen days from the delivery of the award and after exhausting the remedies listed in the preceding paragraph, if applicable, either party may appeal against the award both on points of law and on points of fact by means of an application to the Court of Appeal (Inferior Jurisdiction).  The application must be notified to the Tribunal and to the Centre as soon as practicable but not later than fifteen days after the application is filed.
 
11. If no recourse is taken against the award, the Registrar shall register the award on the lapse of thirty days from the date of delivery of the award.  Once this registration is effected, the award shall be final and binding and constitutes an executive title for all intents and purposes of law.