Ordinary Arbitrations

1.

Notice of Arbitration to be filed with the Registrar accompanied by the prescribed fee and a number of copies as there are respondents.


2. A declaration concerning the person, if any, who will represent or assist the claimant is to be filed with the Registrar.

3. The parties shall inform the Registrar on the person who has been selected to act as arbitrator with the agreement of both parties. If the parties have not previously agreed on the number of arbitrators and if within fifteen (15) days after the receipt by the respondent of the notice of arbitration the parties have not agreed that there shall be one arbitrator, three arbitrators will be appointed (Article 19). But if the dispute amount is less than eleven thousand six hundred and forty six euro and eighty seven cents (€11,646.87), a sole arbitrator shall be appointed.

4. Where three (3) arbitrators are to be appointed, both parties shall indicate the name of the arbitrator chosen by each one of them. The two (2) arbitrators thus appointed shall choose the third arbitrator who will act as the presiding arbitrator of the arbitral tribunal.

5. On his appointment, an arbitrator must sign a declaration confirming his independence and impartiality.

6. An arbitrator may be challenged if circumstances exist that give rise to justifiable doubt as to his impartiality or independence (Article 24).

7. The language to be used in the proceedings shall, unless the parties agree, otherwise, be Maltese (Article 28).

8.

The Claimant shall communicate his Statement of Claim in writing to the respondent and to each of the arbitrators unless it was contained in the notice of arbitration [Article 29(1)].


9.

The respondent shall communicate his Statement of Defence in writing to the claimant and to each of the arbitrators within a period of time to be determined by the arbitral tribunal [Article 30(1)].


10. Each party shall have the burden of proving facts relied on to support his claim or defence (Article 35).

11. The evidence of witnesses in an arbitration shall be produced either viva voce or by affidavit (Article 36).

12. Hearings shall be held in camera unless the parties agree otherwise [Article 37(4)].

13. The arbitral tribunal may appoint one or more experts to report to it in writing on specific issues to be determined by the tribunal (Article 39).

14. When there are three arbitrators, any award or other decision of the arbitral tribunal shall be made by a majority of the arbitrators [Article 43(1)].

15. In addition to making a final award, the arbitral tribunal shall be entitled to make interim, interlocutory or partial awards [Article 44(1)].

16. The award shall be in writing, signed by the arbitral tribunal, contain the date on which and the place where it was deemed to have been made and the arbitral tribunal shall state the reasons upon which the award is based (unless the parties have agreed that no reasons are to be given). Subject to recourse being taken against an award in terms of the Act, an award is final and binding on the parties, who shall carry it out without delay [Article 44].

17. Within fifteen (15) days from the receipt of the award, either party with notice to the other party, may request - that the arbitral tribunal gives an interpretation of the award [Article 47]; that the arbitral tribunal corrects in the award any errors in computation, any clerical or typographical errors or any errors of similar nature [Article 48]; or that the arbitral tribunal makes an additional award as to claims presented in the arbitral proceedings but omitted from the award [Article 49].

18. Within 15 days from the receipt of the award, either party may take recourse against the award by means of an application to the court of Appeal either by praying that the award be set aside in accordance with the provisions of article 70 or by appealing on a point of law in accordance with article 70A.

19. The Registrar shall refuse to register an award or a document if the same does not comply with any of the provisions of the Act or of the Rules [Article 72(2)].

20. Upon its registration with the Centre, the award shall be final and binding and may not be challenged [Article 72(5)].