Fourth Schedule — ARBITRATION ACT

Added by

IX. 2004.26.

(Article 15)

Amended by

L.N. 420 of 2004;

L.N. 7 of 2005;

L.N. 279 of 2005;

XXII. 2005.94;

L.N. 165 of 2006;

L.N. 166 of 2006;

L.N. 425 of 2007;

IX. 2010.15;

L.N. 244 of 2012;

L.N. 149 of 2015;

XXX. 2015.7.

Mandatory Arbitration

The disputes hereunder stated in Part A shall be settled by arbitration and

shall be referred to arbitration under the rules stated in Part B in addition to such

rules as may be issued by the Centre from time to time.

Part A

1.1

Condominium Disputes.

All disputes regarding a condominium which according to the Condominium

Act (Cap. 398) are to be submitted to for arbitration.

1.2

Motor Traffic Disputes

Any civil or commercial disputes, not being one in connection with a claim

for damages for personal injuries, being a dispute arising from

(a) any collision between vehicles, or

(b) any involuntary damage to property involving vehicles, or

(c) any such claim against an authorized insurer, an assurance company, an

underwriter approved by the Minister responsible for transport or other

person who in accordance with the Motor Vehicles Insurance (Third-

Party Risks) Ordinance (Cap. 104) or any policy of insurance may be

liable therefor, and

(d) the value whereof does not exceed eleven thousand and six hundred and

forty-six euro and eighty-seven cents (11,646.87).

1.3

Disputes connected with electricity and water services

All disputes arising from the supply of electricity, electrical meter rent or any

other service provided by the distribution system operator, and any dispute related to

water services, without prejudice, where applicable, to the provisions of article 466 of

the Code of Organization and Civil Procedure, to the provisions of to the provisions

of the Enemalta (Transfer of Assets, Rights, Liabilities and Obligations) Act and the

Water Services Corporation Act, and to the provisions of the Electricity Supply

Regulations and the Water Supply Regulations

Provided that consumers will be entitled to file their claims against the

distribution system operator or the Water Services Corporation, as the case may be, in

terms of the procedure established by this Act

Provided further that notwithstanding the provisions of any other law other than

the Consumer Affairs Act or any regulations made thereunder in so far as such laws deal

with the resolution, however so described, of any consumer disputes, and without

prejudice to pending cases, the Arbitration Tribunal shall have exclusive jurisdiction

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over these cases.

1.4

Paying Agency Disputes

All disputes arising from claims made to the Paying Agency which,

according to regulation 13 of the Paying Agency Regulations, are to be submitted to

arbitration.

Part B

1. The arbitration, being domestic arbitration, shall be governed by Part IV of

the Act.

2. The arbitral tribunal shall be composed of one arbitrator unless the parties

agree that it shall be composed of three arbitrators and notify the Centre within thirty

days of the receipt by the respondent of the notice of arbitration;

3. The sole arbitrator, or any of the members of the arbitral tribunal when it is

composed of three arbitrators, shall be appointed by the Chairman of the Centre in

accordance with the provisions of the Act unless the Centre is notified of the

appointment of an arbitral tribunal within thirty days of the receipt by the respondent

of the notice of arbitration

Provided that the Chairman of the Centre shall not appoint as sole arbitrator or

as a member of the arbitral tribunal, when it is composed of three arbitrators, any person

who is appointed as an arbitrator in ten or more pending arbitrations.

4. Unless the parties expressly agree otherwise, there shall be a right of appeal

from a final award as provided in article 15(11A);

5. The rules on confidentiality, including those stated in articles 37 and 70 of

the Act shall not apply to mandatory arbitrations unless the parties expressly agree to

such rules and notify the arbitrator and the Centre accordingly;

6. The award shall be deemed to have been received by the parties on the date

when it is delivered in open tribunal;

7. The provisions of Title IX of Book First and of Title XI of Book Third of the

Code of Organization and Civil Procedure and any other provision of that Code

relating to curators, shall mutatis mutandis apply to the disputes referred to in this

Schedule;

8. The provisions of Title XIV of Book Third of the Code of Organization and

Civil Procedure and any other provision of that Code relating to the intervention and

joinder of parties to a suit, shall apply mutatis mutandis to the disputes referred to in

this Schedule.

9. The arbitral tribunal shall establish the days and times when sittings shall be

held

Provided that the arbitral tribunal shall appoint the first sitting for hearing

within one month from receipt by the arbitral tribunal of the documentation relating

to the dispute.

10. (1) The arbitral tribunal shall deliver the award within two months from the

date that proceedings are declared closed.

(2) In the event that the arbitral tribunal fails to deliver its award as aforesaid,

any party to the proceedings may request the Chairman of the Centre to withdraw the

appointment of the arbitral tribunal by means of an application in writing.

(3)

The decision on the withdrawal will be made by the Chairman of the Centre,

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and his decision shall be final and binding.

(4) The decision of the Chairman to withdraw the appointment of the arbitral

tribunal shall be served on the arbitral tribunal, on the parties and on the Registrar.

(5) Where the Chairman upholds a request for the withdrawal of the

appointment of the arbitral tribunal as aforesaid, the Chairman shall appoint another

arbitral tribunal in its stead without delay.

(6) Upon notification of such withdrawal, the arbitral tribunal shall

immediately, and in any case not later than ten days from the date of notification,

deliver to the Registrar all documentation and all evidence relative to the dispute,

failing which disciplinary action shall be taken in accordance with rule 72(6) of the

Arbitration Rules.

11. (1) Where either party informs the arbitral tribunal that an action in respect

of the same subject-matter and between the same parties has been brought before the

court, the arbitral tribunal shall suspend the arbitration proceedings until such time

as a judgment is given by the court in the said action.

(2) The arbitral tribunal shall be bound by, and act according to, the judgment

delivered by the court on the same subject-matter and between the same parties, that

may be notified to it by either party.

12. If two or more disputes on the same subject-matter are referred to

arbitration, the Chairman may, upon the application of either party, order that the

disputes are heard by the same arbitral tribunal.

13. The Arbitration Rules shall apply to disputes under this Schedule except to

the extent modified by the rules contained in this Part.

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