Malta Arbitration Centre

Establishment and Functions of the Centre

Establishment of the Arbitration Centre.

(1) A centre, to be known as the Malta Arbitration Centre, is hereby established for the purposes and with the functions set out by this Act.

(2) The Centre shall be a body corporate having a distinct legal personality and, subject to the provisions of this Act, shall be capable of entering into contracts, of acquiring, holding and disposing of any kind of property for the purposes of its functions, of suing and of being sued, and of doing all such things and entering into all such transactions as are incidental or conducive to the exercise or performance of its functions under this Act.

(3) Any document purporting to be an instrument made or issued by the Centre and signed by the chairman or such other member of the Board, officer or employee of the Centre as may be set out in a notice issued by the chairman and published in the Gazette, shall be received in evidence and shall, until the contrary is proved, be deemed to be an instrument made or issued by the Centre.

Establishment and composition of Board.

(1) There shall be a Board which shall be responsible for the policy and general administration
of the affairs and business of the Centre.

(2) The Board shall consist of not less than three and not more than five members, appointed by the President of Malta acting on the advice of the Minister, one of whom shall be designated by the Minister as chairman. The Minister shall also designate another member as deputy chairman and such member shall have all the powers and perform all the functions of the chairman during his absence, or until a new chairman has been appointed following the resignation, termination of appointment, or death of the chairman.

(3)The Minister shall select the members of the Board from among persons who appear to him to be qualified by reason of having had experience of and shown capacity in matters relating to international or domestic arbitration, conciliation and the settlement of disputes, international trade, commerce, industry, investment and maritime affairs.

(4)In the exercise of their functions under this Act all the members of the Board shall exercise their functions in their individual judgment and shall not be subject to the direction or control of any other person or authority.

Qualifications of chairman and deputy.

5.	A person shall not be qualified to be appointed chairman or deputy chairman of the Board unless he has practised as an advocate in Malta for a period or periods amounting in the aggregate to not less than twelve years.

Duration of appointment of the Board.

(1) Subject to the provisions of articles 4, 7 and 9, the members of the Board shall hold office for a six year period; and a member shall, on ceasing to be a member, be eligible for re- appointment:

Provided that the Minister may at any time, on the recommendation of the Commission for the Administration of Justice established under article 101A of the Constitution of Malta, terminate the appointment of a member of the Board if in his opinion, confirmed by the recommendation of the said Commission as aforesaid, such member is unfit to continue in office or has become incapable of properly performing his duties as member of the Board, and the said Commission is hereby vested with the function and power to make a recommendation to the Minister as aforesaid.

(2) The members of the Board shall be entitled to such remuneration and allowances as the Minister may from time to time determine.

Disqualification from or being a member of the Board.

A person shall be disqualified for appointment to, or from remaining, a member of the Board if he -

(a) is legally incapacitated; or

(b )has been adjudged bankrupt under the law of any country or has made a composition or arrangement with his creditors; or

(d) save as provided in sub-article (3) of article 4, is a public officer; or

(e) has any financial or other interest in any enterprise or activity which is likely to affect prejudicially the discharge of his functions as a member of the Board.

Resignations.

8.	(1) Any member of the Board may resign his office by letter addressed to the Minister. (2) The appointment of any person as member of the Board, and the termination of office or resignation of any such person, shall be notified in the Gazette.

Registrar and other employees of the Centre.

(1) The Centre shall have a registrar, who shall also be the secretary of the Board. In connection with his functions under this Act, the registrar shall have power to administer oaths, including, without prejudice to the generality of the aforesaid, the power to administer oaths of office that may be required to be taken by arbitrators or any other person involved in arbitration proceedings under any rule made under this Act:

(2) Subject to the provisions of the Constitution and of any other enactment applicable thereto, the registrar and the other employees of the Centre shall be appointed by the Board under such terms and conditions as the said Board shall deem appropriate.

Provided that the Registrar may exercise any one or more of his functions under this Act or under Rules made thereunder both directly and through a person who is authorised for such purpose by the Board.

(3)The legal representation of the Centre shall be vested in the registrar, or any other person so authorised by the Board.

(4)The registrar shall also perform any function that may be delegated to him in writing by the Board from time to time.

Functions of the Centre.

10.

(1) The functions of the Centre shall be:

(i) (a) to promote Malta as a centre for international commercial arbitration;

(b) to provide for the conduct of international arbitration in Malta;

(d) to provide the necessary facilities for the conduct of arbitration;

(e) to advise the Government on any of the matters mentioned in the foregoing sub-paragraphs of this paragraph;

(f) to perform such other functions assigned to it by this or any other law; and

(g) to perform any other function supplementary or ancillary to the above

(ii) Subject to the other provisions of this Act, the Centre shall have power, exercisable through its Board, to make rules to be published in the Gazette providing for:

(a) procedure for arbitrations;

(b) the manner and requirements (including any fees payable therefor) for registration of any document under this Act;

(d) any other matter in connection with which rules may be made under any provision of this Act.

(2) (2) The Centre may, from time to time, draw up panels of arbitrators for domestic arbitration and panels of arbitrators for international commercial arbitration:

Provided however that a person may be included in more than one panel.

(3) Domestic arbitration panels may be appointed on matters related to commerce, insurance, traffic collisions, building construction, the maritime sector and such other fields as the Centre may deem expedient from time to time. The panels shall be composed of persons who in the opinion of the Centre are qualified to carry out the duties and functions of arbitrators in a particular field of expertise.

(4) The Centre shall establish an International Arbitral Advisory Committee, to be presided by the chairman of the Centre, which shall have the functions to advise the Centre on any matter relating to international commercial arbitration and to recommend to the Centre persons, who in its opinion, are qualified to carry out the duties and functions of arbitrators in international commercial arbitrations.

(5) The Centre shall, acting on the recommendation of the International Arbitral Advisory Committee, appoint panels of arbitrators for international commercial arbitration on matters such as international trade, commerce, insurance, investment and the maritime sector.

(6)A person may be removed from any panel by the Centre at any time, and a person may at any time resign by letter addressed to the registrar:

Provided that any such removal or resignation shall not be deemed to include the removal or resignation of that person from any arbitration proceedings in which he may have already been appointed before his removal or resignation.

(7)For the purpose of encouraging settlement of a dispute, the Centre may, with the agreement of the parties and in accordance with rules made by the Centre under this Act, employ mediation, conciliation or other procedures at any time before or during the arbitration proceedings.