MCIA is a neutral, private,not-for-profit charitable entity registered in India.
No. MCIA is an independent arbitral institution which administers arbitration proceedings. It does not provide legal advice.
Any person can submit a dispute to MCIA arbitration pursuant to an arbitration agreement which refers disputes to MCIA arbitration, or if the parties subsequently agree to arbitration under the MCIA Rules.
MCIA derives its jurisdiction to administer arbitrations from the arbitration agreement contained in a contractual arrangement between parties. The type of disputes administered by the MCIA may include commercial, corporate, maritime/shipping and construction arbitrations.
We recommend that parties use the following MCIA Model Clause :
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in accordance with the Arbitration Rules of the Mumbai Centre for International Arbitration (MCIA Rules), which rules are deemed to be incorporated by reference in this clause.
The seat of arbitration shall be____________.
The Tribunal shall consist of [one/three] arbitrator(s).
The language of the arbitration shall be________________.
The law governing this arbitration agreement shall be__________.
The law governing the contract shall be_____________.
Yes, the seat of the arbitration determines the curial law and the court which will have supervisory jurisdiction over the arbitration proceedings. The venue of an arbitration is the physical location where the proceedings are held. The venue of arbitration can be different from the seat of the arbitration.
The MCIA Rules give the discretion to parties to select the seat (or legal place) of arbitration. If the parties fail to agree on the seat of arbitration, then Rule 30 of MCIA Rules, 2025 provides that the seat of arbitration shall be Mumbai, India unless the tribunal determines that another seat is more appropriate, having regard to the circumstances of the case.
Yes. All arbitrations conducted under the MCIA Rules are confidential. Parties and the tribunal are required to treat all matters relating to the proceedings and the award as confidential.
Yes, keeping in line with our commitment to greener and cost effective arbitrations, MCIA promotes hearings to be conducted virtually till the extent possible. MCIA provides assistance in organizing virtual hearings.
Yes. MCIA can generally administer any arbitration where the seat of arbitration is not Mumbai and can administer arbitrations where the governing law of the parties’ contract is a law other than Indian law.
Yes. Parties can nominate their own arbitrators (subject to provisions to the contrary in their arbitration clause), but nominations shall in all cases be subject to confirmation by the MCIA Council.
Yes. MCIA can appoint an arbitrator in an ad hoc arbitration upon payment of the appointment fee.
The parties must first agree to submit the dispute to MCIA arbitration – either by way of an arbitration clause contained within their agreement, or a written post-dispute agreement.
If either requirement is fulfilled, an arbitration under the MCIA Rules can be commenced by filing a Request for Arbitration. The Request for Arbitration may be filed either via email, by hand or by courier, to the attention of the Registrar, at the following contact details:
Registrar
1515C One Lodha Place,
Senapati Bapat Marg,
Lower Parel, Mumbai - 400013
Email: [email protected]
A copy of the Request for Arbitration should also be sent to the Respondent(s) and the Claimant should notify the MCIA of the mode of service employed and the date of service.
Yes. At the request of a party and after consultation with parties and appointed arbitrators, the MCIA Council has the power to consolidate two or more arbitration proceedings, provided that:
(i) all the parties agree to the consolidation; and
(ii) all claims in the arbitration are made under the same arbitration agreement.
Yes. There is one time non-refundable Case Filing Fee of INR 50,000.
Yes. The one time non-refundable Case Filing Fee of INR 50, 000 is payable for a counterclaim as well.
The Case Filing Fee can be paid either by Cheque, Demand Draft or Pay Order drawn in favour of ‘Mumbai Centre for International Arbitration’ or through bank transfer.
The ‘costs of arbitration’ as defined in the MCIA Rules, 2025 includes:
(a) the Tribunal’s fees and expenses and the Emergency Arbitrator’s fees and expenses, where applicable;
(b) the MCIA’s administrative fees and expenses;
(c) the fees and expenses of any Tribunal Secretary; and
(d) the costs of expert advice and of other assistance reasonably incurred by the Tribunal.
The ‘costs of arbitration’ is calculated on an ad valorem basis. The fees calculated as per the MCIA Schedule of Fees is divided equally between the Parties and further divided into three tranches, which is raised on the Parties at different stages of the arbitration. The same can be calculated on the ‘Calculate Your Fees’ feature available on our website.
No. The MCIA Council will choose arbitrators who are best suited for a particular case based on, among other things, the nature and circumstances of the dispute, the requirements set out in the arbitration agreement (if any), and the relevant expertise of the arbitrators.
Any person interested in being considered for a role as an arbitrator in MCIA arbitrations may send an email to the Registrar at [email protected] , expressing such interest and requesting the MCIA Council to review and consider the expression of interest. The expression of interest should contain a covering letter, setting out all relevant experience and should attach a detailed CV.
The Expedited Procedure under the MCIA Rules is a special procedure available for simple disputes of a low value, requiring expeditious disposal (6 months) at a significantly lower cost. A party may apply to the Registrar for arbitral proceedings to be conducted under the Expedited Procedure when one of the following criteria is met:
1. The amount in dispute at the time of application does not exceed the equivalent amount of INR 10 crore (INR 100,000,000), representing the aggregate of the claim, counterclaim and any set-off defence;
2. The parties so agree in writing
The MCIA Expedited procedure can also be integrated into a dispute resolution clause where parties agree at the time of making their contract that their disputes will be conducted under the MCIA Expedited Procedure regardless of the amount in dispute. The Expedited Procedure Model Clause is:
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Mumbai in accordance with the Arbitration Rules of the Mumbai Centre for International Arbitration (“MCIA Rules”), which rules are deemed to be incorporated by reference in this clause.
The parties agree that any arbitration commenced pursuant to this clause shall be conducted in accordance with the Expedited Procedure set out in Rule 12.3 of the MCIA Rules.
The Tribunal shall consist of one arbitrator.
The language of the arbitration shall be ________________.
In cases of exceptional urgency, a party requiring emergency interim relief, prior to the constitution of the tribunal, may apply to the Registrar for the appointment of an Emergency Arbitrator. The party applying for emergency interim relief under the MCIA Rules is required to state the nature and circumstances of the relief sought along with a specific reason as to why such relief is sought on an emergency basis and why the party is entitled to such relief.
The application must contain a statement certifying that all other parties have been notified or an explanation of the steps taken in good faith to notify other parties. The application must be filed along with the requisite fees.
Upon the determination of the application for the appointment of Emergency Arbitrator by the Chairman of the MCIA Council of Arbitration, if so granted, the Emergency Arbitrator shall be appointed within one business day of the receipt of the application by the Registrar and the payment of the requisite fee.
Yes. Pursuant to Rule 30.2, prior to making any award, the tribunal is required to provide the award in a draft form to the MCIA Registrar. The Registrar may draw the tribunal’s attention to points of substance and suggest modifications as to the form of the award, without affecting the tribunal’s liberty of decision.
The following are some of the advantages which arbitration under the MCIA Rules offers over ad hoc arbitration proceedings:
1. An arbitration conducted under the MCIA Rules enables the parties to take advantage of a sophisticated set of institutional arbitration rules which incorporate international best practices for the efficient conduct of arbitration proceedings.
2. The MCIA Rules provide for, among other things, special procedures such as the consolidation of proceedings and appointment of an emergency arbitrator – mechanisms which are not available in
3. The MCIA Council will appoint arbitrators who are best suited for a particular case based on, among other things, the nature and circumstances of the dispute, the requirements set out in the arbitration agreement (if any), and the relevant expertise of the arbitrators.
4. The MCIA Rules contain an efficient procedure for the appointment of the arbitral tribunal, which is more convenient and expeditious than approaching the Indian courts under Section 11 of the Arbitration and Conciliation Act, 2016 (which is necessary for appointment of arbitrators in an ad hoc arbitration).
5. The MCIA provides administrative assistance in MCIA arbitration proceedings which eases the administrative burden on the parties and the arbitral tribunal. The MCIA Secretariat will also supervise the arbitral process to facilitate expeditious completion of the arbitration proceedings.
6. The MCIA Rules contain a schedule of costs so the likely costs of the proceedings can be calculated in advance, thereby ensuring a cost-efficient and transparent arbitration process.
7. The MCIA Registrar will scrutinise arbitral awards before they are released to the parties. While it does not affect the arbitral tribunal’s liberty of decision, this process helps to reduce the scope for administrative errors in the award and makes enforcement problems less likely.