YOUR PARTNER FOR A WINNING SOLUTION

Transcription

1 YOUR PARTNER FOR A WINNING SOLUTION

2 Mission Statement About MARC The MCCI Arbitration and Mediation Center (MARC) is an arm of the Mauritius Chamber of Commerce and Industry (MCCI). Created in 1996, as the Permanent Court of Arbitration, MARC is an initiative of the MCCI in favor of the business community for the quick, efficient and flexible resolution of disputes. To offer dispute resolution services to businesses via mediation and/or arbitration To provide training in alternative dispute resolution methods To promote arbitration and mediation at local, regional, international levels World Class Dispute Management and Resolution Services MARC s arbitration and mediation rules are based on international standards (International Chamber of Commerce and United Nations Commission on International Trade Law). It has also entered into cooperation agreements with arbitration centers in several countries including the prestigious Centre de Médiation et d Arbitrage de Paris. Moreover, MARC is a member of the International Federation of Commercial Arbitration Institutions. Who can benefit? The services provided by MARC benefit a wide range of customers including large, medium and small businesses, public organisations, professionals such as lawyers, accountants, technical experts and executives in various fields namely human resources, finance, legal and corporate secretarial. MARC as your business management tool Introduces elements of predictability, flexibility, efficiency, costeffectiveness and rapidity in your management processes through arbitration and mediation to tackle business conflicts and disputes efficiently Provides effective dispute management and resolution services to promote renewed commercial relationships Offers Alternative Dispute Resolution (ADR) procedures designed specifically to meet the needs of businesses both on the local, regional and international markets Ensures the efficiency of the persons involved on behalf of the institution and the arbitrators appointed by it as well as the effectiveness of the decisions rendered by the arbitrators. Most of the arbitration awards made under MARC rules are met voluntarily, without the need for judicial execution

3 Arbitration Arbitration is a jurisdictional and private dispute resolution method in which the parties agree to submit their dispute to an independent and impartial third party (a single arbitrator or an arbitral tribunal). The third party issues an award, ruling on the dispute in accordance with the relevant rules of law and commercial customs. Key Features Parties may choose their judge Procedure is flexible and effective Parties are guaranteed a final decision that is easy to enforce Arbitration offers the opportunity to combine the two main legal systems namely civil law and common law Process is confidential Process saves time and money - Arbitration hearings can be scheduled to meet the needs of busy participants, including evenings and weekends Why Arbitration Works? Less adversarial than litigation, thus helping to maintain business relationships Simplified rules of procedure and evidence Arbitrators may be chosen according to their expertise in specific subject matter of the dispute Solution is generally obtained in one shot without additional cost other than that produced by the arbitration itself Mediation Mediation is an amicable dispute resolution process in which an independent, impartial third party trained in mediation helps the parties to reach a negotiated outcome to their dispute by adopting a consensual solution satisfactory to each of them. The aim of mediation is to promote reconciliation, settlement or compromise. In this sense, it is your perfect business management tool for resolving conflicts smoothly. Key Features Process saves time and money Parties have complete control over the process and the outcome Process is confidential Process encourages creativity in identifying solutions Why Mediation Works? Most disputes are successfully resolved Process is flexible and tailored to parties needs Maintains and improves relationships Improves poor communication/clarifies misunderstandings. Brings parties together Moves beyond different views of law and facts Discovers and addresses the true interests of parties Respect and civility are the ground rules

4 Training in mediation and arbitration for professionals Target audience MARC Training, Workshops, Seminars, Networking events Based on its extensive experience in ADR and in order to maintain and improve the quality of services provided to businesses, MARC regularly organizes seminars, conferences, training and networking events on alternative dispute resolution in Mauritius and abroad, in collaboration with renowned ADR centers such as the Centre de Médiation et d Arbitrage de Paris (CMAP). Company executives, lawyers, legal managers, sales and financial managers, accountants and consultants. More generally, these training are for individuals interested in understanding the philosophy and methods of ADR. Teaching method Presentations, simulations, role playing and interactive activities. Objectives To provide participants with the methods and skills required to serve as an effective mediator or arbitrator or to advise a party in the framework of a mediation or an arbitration process. Tailored Programmes MARC is also available to work with companies and law firms to design tailored training based on their requirements.

5 Collaboration with other ADR Centers MARC has also established partnership agreements with numerous ADR centers around the world including: German Institution of Arbitration Indian Council of Arbitration Australian Center for International Commercial Arbitration Centre d Arbitrage et de Médiation de Madagascar Chartered Institute of Arbitrators Kenya Branch Sharing Expertise MARC provides expertise to institutions seeking to create mediation and arbitration centers or further develop their ADR centers. For example: International Activities MARC participates actively in the national and regional development of alternative dispute resolution methods in collaboration with major ADR centers and regional organizations such as the Indian Ocean Commission and the Union of Chambers of Commerce and Industry of the Indian Ocean Islands. Strategic Partnership with the Centre de Médiation et d Arbitrage de Paris (CMAP) The MCCI (Mauritius Chamber of Commerce and Industry) signed a Partnership Agreement with the Chamber of Commerce and Industry of Paris (CCIP) and the Centre de Médiation et d Arbitrage de Paris (CMAP) in Kigali International Arbitration Center Centre Burundais d Arbitrage et de Conciliation Centre d Arbitrage et de Médiation de Madagascar Cour d Arbitrage des Comores (CACOM) Seychelles Chamber of Commerce and Industry Promoting arbitration, mediation and ADR MARC participates regularly in programmes promoting alternative dispute resolution methods through joint projects, best practices exchange and other forms of cooperation, for instance: Business Bridge Océan Indien (A regional platform involving ADR centers from Madagascar, Comoros and Reunion Island) SOPSED/Proinvest (A European Union project for sharing best practices in various fields including arbitration and mediation) This Agreement marked the beginning of a close collaboration with CMAP for the development of the MCCI Arbitration and Mediation Center (MARC) into a prime national and international center for the resolution of business disputes through ADR techniques such as arbitration and mediation. For this major project, CMAP is sharing its label, standards, knowledge and expertise with MARC.

6 Why choose Mauritius as your arbitration and mediation destination? Situated in the golden zone connecting Asia, Africa and Australia, Mauritius is at the convergence of many business destinations. Key Advantages Long standing social and political stability Secure investment location with established rule of law Strong and diversified economy Most business-friendly country in Africa Peaceful, multiethnic with a unique lifestyle in a blend of cultures Flexible, bilingual (English/French) and skilled workforce Investment-friendly regulatory regime State-of-the-art modern and reliable physical and ICT infrastructure Convenient time zone (GMT +4) Furthermore, Mauritius Is situated at the crossroads of Asia and Africa and as such, is in a strategic position, namely with regard to trade cooperation alliances of countries of the region (SADC, COMESA, IOC, IORA) Has a pool of skilled legal counsels, accountants and experts in international trade and finance Provides facilities for international conferences and boasts a number of the best world class hotels Has a modern legislative framework for international arbitration and mediation Quick Facts * GDP per capita: approx. USD 9,300 (2013) Sovereign rating by Moody s: BAA1 (2013) Population: approx. 1.3 million Political System: Democracy with free and fair elections held every 5 years Official Language: English Legal System: dual system (Common & Civil Law) GDP Growth: 3.2% (2013 est) Unemployment: 8.3% (2013 est) Inflation: 3.6% (2013 est) Repo Rate: 4.65% (as at date) *Source: BOI

7 MARC Permanent Secretariat 3, Royal Street, Port-Louis, Republic of Mauritius T F OUR PARTNERS Résoudre autrement vos conflits avec le Centre de Médiation et d Arbitrage de Paris