FREQUENTLY ASKED QUESTIONS
- Is MCIA a Government institution?
- MCIA is a neutral, private,not-for-profit charitable entity registered in India.
- Would MCIA provide legal advice on the conduct of my arbitration?
- No. MCIA is an independent arbitral institution which administers arbitration proceedings. It does not provide legal advice.
- Who can submit a dispute to MCIA for arbitration under the Arbitration Rules of the Mumbai Centre for International Arbitration (“MCIA Rules”)?
- 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.
- What kind of disputes can be submitted 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.
- What is the standard clause I should include in my contract to be able to submit the dispute to MCIA arbitration?
- 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_____________.
- Do the MCIA Rules have a default seat or legal place of 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 23 of the MCIA Rules 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.
- Are arbitrations conducted under the MCIA Rules confidential?
- 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.
- Would MCIA administer my arbitration if it is seated outside Mumbai or if the governing law is not Indian law?
- 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.
- Can parties choose their own arbitrators in an arbitration administered under the MCIA Rules?
- 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.
- Would MCIA appoint an arbitrator in an ad hoc arbitration?
- Yes. MCIA can appoint an arbitrator in an ad hoc arbitration upon payment of the appointment fee.
- How do I commence an arbitration under the MCIA Rules?
- 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:
- 2nd Floor, Express Towers,
- Ramnath Goenka Marg,
- Nariman Point, Mumbai – 400021
- 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.
- Is it possible to consolidate related arbitrations under the MCIA Rules?
- 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.
- Is there a Case Filing Fee?
- Yes. There is one time non-refundable Case Filing Fee of INR 40,000.
- Would I have to pay Case Filing Fees for a counterclaim?
- Yes. The one time non-refundable Case Filing Fee of INR 40, 000 is payable for a counterclaim as well.
- How do I pay the Case Filing Fee?
- 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.
- Does MCIA maintain a Panel of Arbitrators?
- 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.
- How do I indicate my interest in becoming an arbitrator for MCIA arbitrations?
- 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.
- What is the Expedited Procedure under the MCIA Rules?
- 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 ________________.
- What is the procedure for applying for emergency interim relief in an arbitration under the MCIA Rules?
- 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.
- How quickly will MCIA appoint an Emergency Arbitrator?
- 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.
- Are awards rendered in arbitrations administered under the MCIA Rules scrutinized?
- 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.
- What are the advantages of an arbitration administered under the MCIA Rules over a domestic ad hoc arbitration?
- 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 ad hoc proceedings.
- 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.