The Arbitration clauses recommended by the
Miami Maritime Arbitration Council.
A Sample Clause for Arbitration
of Future Disputes
Any dispute, controversy, or claim arising from or relating to this contract or the breach, termination
or invalidity thereof shall be settled by arbitration in accordance with the Rules of Procedure of the
Miami Maritime Arbitration Council in effect at the commencement of the arbitration. The award shall
be final and shall be enforceable by any Court having jurisdiction.
Submission of Existing Disputes
Where the contract does not contain an arbitration clause and the parties desire to submit to
arbitration under the Rules and Procedure of the Miami Maritime Arbitration Council an existing
dispute, it is recommended that they use the submission agreement which follows or consult with the
Council in preparing an appropriate text for a submission to arbitration.
The undersigned hereby agree to submit to arbitration under the Rules of Procedure of the Miami
Maritime Arbitration Council the following dispute: (describe briefly). We agree the award shall be final
and shall be enforceable by any court having jurisdiction.
The Miami Maritime Arbitration Council
The Miami Maritime Arbitration Council has established, maintains, and administers a system for
settlement, by arbitration or mediation, of maritime commercial disputes.
The Council provides service to parties who request mediation or arbitration in accordance with the
Rules of the Council. Arbitrations are conducted by arbitrators who are specially selected by the
parties or by the Council in accordance with its Rules of Procedure, utilizing existing panels of highly
qualified individuals who render awards on the merits of disputes.
Additionally, the Council lends its good offices to mediation or resolution by other means of
misunderstandings and trade disputes.
The Rules of Procedure printed in this text are the official rules of the Miami Maritime Arbitration
Council as originally set forth in September of 1996 and modified by the Board. They have the
substantive provisions of the UNCITRAL Arbitration Rules (developed by the United Nations
Commission on International Trade Law and recommended by the General Assembly on December
15, 1976) and have been adapted to the institutional requirements of the Miami Maritime Arbitration
Instructions for Proceeding Under the Rules
The parties shall be deemed to have made these rules a part of their arbitration agreement whenever
they have provided for arbitration by the Miami Maritime Arbitration Council or under its Rules.
When parties agree to arbitrate under these Rules or when they provide for arbitration by the Miami
Maritime Arbitration Council and an arbitration is initiated thereunder, they thereby designate the
Miami Maritime Arbitration Council the administrator of the arbitration. The authority and obligations
of the administrator are prescribed in the agreement of the parties and in these rules.
A party who desires to initiate an arbitration should give a notice of arbitration to the other party or
parties as described in Article 3 of the Rules of Procedure. The initiating party shall file with the
Council at its office two copies of said notice, together with two copies of the contract or such parts
thereof as relate to the dispute, including the arbitration provision. The Council shall give notice of
such filing to the other party.
When a party initiates an arbitration under these Rules, the Council, and or the arbitrator(s) after
appointment, shall provide administrative services to facilitate the conduct of the case. Such services
include scheduling and making physical arrangements for hearings, issuing notices and orders when
required, arranging fees of arbitrators, and performing other services.
These administrative services help to assure efficient handling of the necessary details of the
A party may request the Council to appoint arbitrators in accordance with Articles 6 and 7 of the
Rules of Procedure and to perform various other functions set forth in those rules.
A party who desires to communicate with the Council may do so through the Council's Executive
Miami Maritime Arbitration Council, Inc.
2601 SW 13th Avenue• Fort Lauderdale, Florida 33315
Rules of Procedure Article
Section I. Introductory Rules
Scope of Application 1
Notice, Calculation of
Periods of Time 2
Notice of Arbitration 3
Representation and Assistance 4
Section II. Composition of the Arbitral Tribunal
Number of Arbitrators 5
Appointment of Arbitrators 6
Challenge of Arbitrators 9
Replacement of an Arbitrator 13
Repetition of Hearings in the Event
of the Replacement of an Arbitrator 14
Section III. Arbitral Proceedings
General Provisions 15
Place of Arbitration 16
Statement of Claim 17
Statement of Defense 18
Amendments to the Claim or Defense 19
Pleas as to the Jurisdiction of the
Arbitral Tribunal 20
Further Written Statements 21
Periods of Time 22
Evidence and Hearings 23
Interim Measures of Protection 25
Closure of Hearings 27
Waiver of Rules 28
Section IV. The Award
Form and Effect of the Award 30
Settlement or Other Grounds
for Termination 31
Correction of the Award 32
Additional Award 33
Deposit of Costs 37
Exclusion of Liability 38
Simplified Claims Procedures 40
Administrative Fees 19
Postponement Fees 19
Additional-Hearing Fees 19
Rules of Procedure
Scope of Application
Where the parties to a contract have agreed in writing that disputes in relation to that contract shall
be referred to arbitration under the Miami Maritime Arbitration Council Rules of Procedure, then such
disputes shall be settled in accordance with these Rules subject to such modification as the parties
may agree in effect as of the commencement of the arbitration in writing.
Notice, Calculation of Periods of Time
1. For the purposes of these Rules, any notice, including a notification, communication, or
proposal, is deemed to have been received if it is physically delivered to the addressee or if it is
delivered at his/her habitual residence, place of business or mailing address, or, if none of these can
be found after making reasonable inquiry, then at the addressee's last known residence or place of
business. Notice shall be deemed to have been received on the day it is so delivered.
2. For the purposes of calculating a period of time under these Rules, such period shall begin to
run on the day following the day when a notice, notification, communication or proposal is received. If
the last day of such period is an official holiday or a non-business day at the residence or place of
business of the addressee, the period is extended until the first business day which follows. Official
holidays or non-business days occurring during the running of the period of time are included in
calculating the period.
Notice of Arbitration
1. The party initiating recourse to arbitration (hereinafter called the "claimant") shall give to the
other party (hereinafter called the "respondent") a written notice of arbitration.
2. Arbitral proceedings shall be deemed to commence on the date on which the notice of
arbitration is received by the respondent.
3. The notice of arbitration shall include the following:
(a) A demand that the dispute be referred to arbitration;
(b) The names and address of the parties;
(c) A reference to the arbitration clause or the separate arbitration agreement that is invoked;
(d) A reference to the contract or incident out of or in relation to which the dispute arises:
(e) The general nature of the claim and an indication of the amount involved, if any;
(f) The relief or remedy sought;
(g) A proposal as to the number of arbitrators (i.e., one or three), if parties have not previously
4. The notice of arbitration may also include:
(a) The proposals for the appointment of a sole arbitrator referred to in Article 6, paragraph 1;
(b) The notification of the appointment of an arbitrator referred to in Article 7;
(c) The statement of claim referred to in Article 17.
Representation and Assistance
The parties may be represented by persons of their choice. The names and addresses of such
persons must be communicated in writing to the other party.
Composition of the Arbitral Tribunal
Number of Arbitrators
If the parties have not previously agreed on a number of arbitrators (i.e., one or three), and if within
fifteen days after the receipt by the respondent of the notice of arbitration the parties have not
agreed that there shall be only one arbitrator, three arbitrators shall be appointed.
Appointment of Arbitrators
(Articles 6 to 8)
1. If a sole arbitrator is to be appointed, either party may propose to the other the names of one
or more persons from Miami Maritime Arbitration Council's list of approved arbitrators, one of whom
would serve as the sole arbitrator.
2. If within thirty days after receipt by a party of a proposal made in accordance with paragraph 1
the parties have not reached agreement on the choice of a sole arbitrator, the sole arbitrator shall be
appointed by the Miami Maritime Arbitration Council.
3. The Miami Maritime Arbitration Council shall, at the request of one of the parties, appoint the
sole arbitrator as promptly as possible. In making the appointment the Miami Maritime Arbitration
council shall use the following list-procedure, unless both parties agree that the list-procedure should
not be used or unless the Miami Marine Arbitration Council determines in its discretion that the use of
the list-procedure is not appropriate for the case:
(a) At the request of one of the parties the Miami Maritime Arbitration council shall communicate
to both parties an identical list containing at least three names;
(b) Within fifteen days after the receipt of this list, each party shall return the list to the Miami
Maritime Arbitration Council after having deleted the name or names to which he objects and
numbered the remaining names on the list in the order of his preference;
(c) After the expiration of the above period of time the Miami Maritime Arbitration Council shall
appoint the sole arbitrator from among the names approved on the lists returned to it and in
accordance with the order of preference indicated by the parties;
(d) If for any reason the appointment cannot be made according to this procedure, the Miami
Maritime Arbitration Council may exercise its discretion in appointing the sole arbitrator.
4. In making the appointment, the Miami Maritime Arbitration Council shall have regard to such
considerations as are likely to secure the appointment of an independent and impartial arbitrator.
1. If three arbitrators are to be appointed, each party shall appoint one arbitrator. The two
arbitrators thus appointed shall choose the third arbitrator from the Miami Maritime Arbitration
Council's list of approved arbitrators, who will act as the presiding arbitrator of the tribunal.
2. If within thirty (30) days after the receipt of a party's notification of the appointment of an
arbitrator, the other party has not notified the first party of the arbitrator he has appointed, the first
party may request the Miami Maritime Arbitration Council to appoint the second arbitrator.
3. If within thirty (30) days after the appointment of the second arbitrator the two arbitrators have
not agreed on the choice of the presiding arbitrator, the presiding arbitrator shall be appointed by the
Miami Maritime Arbitration Council in the same way as a sole arbitrator would be appointed under
1. When the Miami Maritime Arbitration Council is requested to appoint an arbitrator pursuant to
Article 6 or Article 7, the party which makes the request shall send to the Miami Maritime Arbitration
Council a copy of the notice of arbitration, a copy of the contract out of or in relation to which the
dispute has arisen and a copy of the arbitration agreement if it is not contained in the contract. The
Miami Maritime Arbitration Council may require from either party such information as it deems
necessary to fulfill its function.
2. Where the names of one or more persons are proposed for appointment as arbitrators, their
full names and addresses shall be indicated, together with a description of their qualifications.
Challenge of Arbitrators
(Articles 9 to 12)
A prospective arbitrator shall disclose to those who approach him in connection with his possible
appointment any circumstances likely to give rise to justifiable doubts as to his impartiality or
independence. An arbitrator, once appointed or chosen, shall disclose such circumstances to the
parties unless they have already been informed by him of these circumstances.
1. Any arbitrator may be challenged if circumstances exist that give rise to justifiable doubts as to
the arbitrator's impartiality or independence.
2. A party may challenge the arbitrator appointed by him only for reasons of which he becomes
aware after the appointment has been made.
1. A party who intends to challenge an arbitrator shall send notice of his challenge within fifteen
days after the appointment of the challenged arbitrator has been notified to the challenging party or
within fifteen days after the circumstances mentioned in Articles 9 and 10 became known to that party.
2. The challenge shall be sent to the other party, to the arbitrator who is challenged and to the
other members of the arbitral tribunal. The notification shall be in writing and shall state the reasons
for the challenge.
3. When an arbitrator has been challenged by one party, the other party may agree to the
challenge. The arbitrator may also, after the challenge, withdraw from his/her office. In neither case
does this imply acceptance of the validity of the grounds for the challenge. In both cases the
procedure provided in Article 6 or 7 shall be used in full for the appointment of the substitute
arbitrator, even if during the process of appointing the challenged arbitrator a party had failed to
exercise his right to appoint or to participate in the appointment.
1. If the other party does not agree to the challenge and the challenged arbitrator does not
withdraw, the decision on the challenge will be made by the Miami Maritime Arbitration Council.
2. If the Miami Maritime Arbitration Council sustains the challenge, a substitute arbitrator shall be
appointed or chosen pursuant to the procedure applicable to the appointment or choice of an
arbitrator as provided in Articles 6 to 8.
Replacement of an Arbitrator
1. In the event of the death or resignation of an arbitrator during the course of the arbitral
proceedings, a substitute arbitrator shall be appointed or chosen pursuant to the procedure provided
for in Articles 6 to 8 that was applicable to the appointment or choice of the arbitrator being replaced.
2. In the event that an arbitrator fails to act or in the event of the de jure or de facto impossibility
of his performing his functions, the procedure in respect of the challenge and replacement of an
arbitrator as provided in the preceding article shall apply.
Repetition of Hearings in the Event of the
Replacement of an Arbitrator
If under Articles 11 to 13 the sole or presiding arbitrator is replaced, any hearings held previously
shall be repeated; if any other arbitrator is replaced, such prior hearings may be repeated at the
discretion of the arbitral tribunal.
1. Subject to these Rules, the arbitral tribunal may conduct the arbitration in such manner as it
considers appropriate, provided that the parties are treated with equality and that any stage of the
proceedings each party is given a full opportunity of presenting his case.
2. If either party so requests at any stage of the proceedings, the arbitral tribunal shall hold
hearings for the presentation of evidence by witnesses, including expert witnesses, or for oral
argument. In the absence of such a request, the arbitral tribunal shall decide whether to hold such
hearings or whether the proceedings shall be conducted on the basis of documents and other
3. All documents or information supplied to the arbitral tribunal by one party shall at the same
time be communicated by that party to the other party.
Place of Arbitration
1. Unless the parties have agreed upon the place where the arbitration is to be held, such place
shall be determined by the arbitral tribunal, having regard to the circumstances of the arbitration.
2. The arbitral tribunal may meet at any place it deems appropriate for the inspection of property
or documents. The parties shall be given sufficient notice to enable them to be present at such
3. The award shall be made at the place of arbitration.
Statement of Claim
1. Unless the statement of claim was contained in the notice of arbitration, within a period of time
to be determined by the arbitral tribunal, the claimant shall communicate his statement of claim in
writing to the respondent and to each of the arbitrators. A copy of the contract, and of the arbitration
agreement if not contained in the contract, shall be annexed thereto.
2. The statement of claim shall include the following particulars:
(a) The names and addresses of the parties;
(b) A statement of the facts supporting the claim;
(c) The points at issue;
(d) The relief or remedy sought. The claimant may annex to his statement of claim all documents
he deems relevant or may add a reference to the documents or other evidence he will submit.
Statement of Defense
1. Within a period of time to be determined by the arbitral tribunal, the respondent shall
communicate his statement of defense in writing to the claimant and to each of the arbitrators.
2. The statement of defense shall reply to the particulars (b), (c) and (d) of the statement of
claim (Article 17, paragraph 2). The respondent may annex to the statement the documents on which
he/she relies for the defense or may add a reference to the documents or other evidence to be
3. In the statement of defense, or at a later stage in the arbitral proceedings if the arbitral
tribunal decides that the delay was justified under the circumstances, the respondent may make a
counter claim arising out of the same contract or rely on a claim arising out of the same contract for
the purpose of a set-off.
4. The provisions of Article 17, paragraph 2 shall apply to a counter-claim and a claim relied on
for the purpose of a set-off.
Amendments to the Claim or Defense
During the course of arbitral proceedings either party may amend or supplement the claim or defense
unless the arbitral tribunal considers it inappropriate to allow such amendment having regard to the
delay in making it or prejudice to the other party or any other circumstances. However, a claim may
not be amended in such a manner that the amended claim falls outside the scope of the arbitration
clause or separate arbitration agreement.
Pleas as to the Jurisdiction of the Arbitral Tribunal
1. The arbitral tribunal shall have the power to rule on objections that it has no jurisdiction,
including any objections with respect to the existence or validity of the arbitration clause or of the
separate arbitration agreement.
2. The arbitral tribunal shall have the power to determine the existence or validity of the contract
of which an arbitration clause forms a part. For the purposes of Article 20, an arbitration clause
which forms part of a contract and which provides for arbitration under these rules shall be treated as
an agreement independent of the other terms of the contract. A decision by the arbitral tribunal that
the contract is null and void shall not entail ipso jure the invalidity of the arbitration clause.
3. A plea that the arbitral tribunal does not have jurisdiction shall be raised not later than in the
statement of defense or, with respect to a counter-claim, in the reply to the counter-claim.
4. In general, the arbitral tribunal should rule on a plea concerning its jurisdiction as a preliminary
question. However, the arbitral tribunal may proceed with the arbitration and rule on such a plea in
their final award.
Further Written Statements
The arbitral tribunal shall decide which further written statements, in addition to the statement of claim
and the statement of defense, shall be required from the parties or may be presented by them and
shall fix the periods of time for communicating such statements.
Periods of Time
The periods of time fixed by the arbitral tribunal for the communication of written statements
(including the statement of claim and statement of defense) should not exceed forty-five days.
However, the arbitral tribunal may extend the time limits if it concludes that an extension is justified.
Evidence and Hearings
(Articles 23 and 24)
1. Each party shall have the burden of proving the facts relied on to support his/her claim or
2. The arbitral tribunal may, if it considers it appropriate, require a party to deliver to the tribunal
and to the other party, within such a period of time as the arbitral tribunal shall decide, a summary of
the documents and other evidence which that party intends to present in support of the facts in issue
set out in the statement of claim or statement of defense.
3. At any time during the arbitral proceedings the arbitral tribunal may require the parties to
produce documents, exhibits or other evidence within such a period of time as the tribunal shall
1. In the event of an oral hearing, the arbitral tribunal shall give the parties adequate advance
notice of the date, time and place thereof.
2. If witnesses are to be heard, at least fifteen days before the hearing each party shall
communicate to the arbitral tribunal and to the other party the names and addresses of the witnesses
he/she intends to present, and the subject upon which such witnesses will give their testimony.
3. The arbitral tribunal shall make arrangements for the translation of oral statements made at a
hearing and for a record of the hearing if either is deemed necessary by the tribunal under the
circumstances of the case, or if the parties have agreed thereto and have communicated such
agreement to the tribunal at least fifteen days before the hearing.
4. Hearings shall be held in camera unless the parties agree otherwise. The arbitral tribunal may
require the retirement of any witness or witnesses during the testimony of other witnesses. The
arbitral tribunal is free to determine the manner in which witnesses are examined.
5. Evidence of witnesses may also be presented in the form of written statements signed by them.
6. The arbitral tribunal shall determine the admissibility, relevance, materiality and weight of the
Interim Measures of Protection
1. At the request of either party, the arbitral tribunal may take any interim measures it deems
necessary in respect of the subject matter of the dispute, including measures for the preservation of
the property forming the subject matter in dispute, such as ordering their deposit with a third person
or the sale of perishable goods.
2. Such interim measures may be established in the form of an interim award. The arbitral
tribunal shall be entitled to require security for the costs of such measures.
3. A request for interim measures addressed by any party to a judicial authority shall not be
deemed incompatible with the agreement to arbitrate, or as a waiver of that agreement.
1. If, within the period of time fixed by the arbitral tribunal, the claimant has failed to communicate
his/her claim without showing sufficient cause for such failure, the arbitral tribunal shall issue an order
for the termination of the arbitral proceedings. If, within the period of time fixed by the arbitral
tribunal, the respondent has failed to communicate his/her statement of defense without showing
sufficient cause for such failure, the arbitral tribunal shall order that the proceedings continue.
2. If one of the parties, duly notified under these Rules, fails to appear at a hearing, without
showing sufficient cause for such failure, the arbitral tribunal may proceed with the arbitration.
3. If one of the parties, duly invited to produce documentary evidence, fails to do so within the
retirement of any witness or witnesses during the established period of time, without showing
sufficient cause for such failure, the arbitral tribunal may make the award on the evidence before it.
Closure of Hearings
1. The arbitral tribunal may inquire of the parties if they have any further proofs to offer or
witnesses to be heard or submissions to make and, if there are none, may declare the hearings
2. The arbitral tribunal may, if it considers it necessary owing to exceptional circumstances,
decide, on its own motion or upon application of a party, to reopen the hearings at any time before
the award is made.
Waiver of Rules
A party who knows that any provisions of, or requirement under these Rules has not been complied
with and yet proceeds with the arbitration without promptly stating his objection to such non-
compliance, shall be deemed to have waived his right to object.
Section IV, The Award
1. When there are three arbitrators, any award or other decision of the arbitral tribunal shall be
made by a majority of the arbitrators.
2. In the case of questions of procedure, when there is no majority or when the arbitral tribunal
so authorizes, the presiding arbitrator may decide on his own, subject to revision, if any, by the
Form and Effect of the Award
1. In addition to making a final award, the arbitral tribunal shall be entitled to make interim,
interlocutory, or partial awards.
2. The award shall be made in writing and shall be final and binding on the parties. The parties
shall carry out the award without delay.
3. 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.
4. An award shall be signed by the arbitrators and it shall contain the date on which and the
place where the award was made. Where there are three arbitrators and one of them fails to sign,
the award shall state the reason for the absence of the signature.
5. The award will be published unless the parties stipulate otherwise in writing.
6. Copies of the award signed by the arbitrators shall be communicated to the parties by the
Settlement or Other Grounds for Termination
1. If, before the award is made, the parties agree on a settlement of the dispute, the arbitral
tribunal shall either issue an order for the termination of the arbitral proceedings or, if requested by
both parties and accepted by the tribunal, record the settlement in the form of an arbitral award on
agreed terms. The arbitral tribunal is not obliged to give reasons for such an award.
2. If, before the award is made, the continuation of the arbitral proceedings becomes
unnecessary or impossible for any reason not mentioned in paragraph 1, the arbitral tribunal shall
inform the parties of its intention to issue an order for the termination of the proceedings. The
arbitral tribunal shall have the power to issue such an order unless a party raises justifiable grounds
3. Copies of the order for termination of the arbitral proceedings or of the arbitral award on
agreed terms, signed by the arbitrators, shall be communicated by the arbitral tribunal to the parties.
Where an arbitral award on agreed terms is made, the provisions of Article 30, paragraphs 2 and 4 to
6, shall apply.
Correction of the Award
1. Within thirty days after the receipt of the award, either party, with notice to the other party,
may request the arbitral tribunal to correct in the award any errors in computation, any clerical or
typographical errors, or any errors of similar nature. The arbitral tribunal may within thirty days after
the communication of the award make such corrections on its own initiative.
2. Such corrections shall be in writing, and the provisions of Article 30, paragraphs 2 to 6, shall
1. Within thirty days after the receipt of the award, either party, with notice to the other party,
may request the arbitral tribunal to make an additional award as to claims presented in the arbitral
proceedings but omitted from the award.
2. If the arbitral tribunal considers the request for an additional award to be justified and
considers that the omission can be rectified without any further hearings or evidence, it shall
complete its award within sixty days after the receipt of the request.
3. When an additional award is made, the provisions of Article 30, paragraphs 2 to 6, shall apply.
(Articles 34 to 36)
The arbitral tribunal shall fix the costs of arbitration in its award. The term "costs" includes only:
(a) The fees of the arbitral tribunal to be stated separately as to each arbitrator and to be fixed
by the tribunal itself in accordance with Article 39;
(b) The travel and other expenses incurred by the arbitrators.
1. The fees of the arbitral tribunal shall be reasonable in amount, taking into account the amount
in dispute, the complexity of the subject matter, the time spent by the arbitrators and any other
relevant circumstances of the case.
2. Any party may at any time request the Miami Maritime Arbitration Council to furnish a
statement setting forth the basis for establishing fees for arbitrators which is customarily followed in
cases in which the Miami Maritime Arbitration Council appoints arbitrators. The arbitral tribunal in
fixing its fees shall take any such information provided by the Miami Maritime Arbitration Council into
account to the extent that it considers appropriate in the circumstances of the case.
3. The Miami Maritime Arbitration Council shall prescribe schedules setting forth the
administrative fee, other service charges, and refunds. The schedule in effect at the time of initiating
the arbitration shall be applicable.
4. The initial administrative fee shall be advanced by the claimant or claimants. Other
administrative fees shall be advanced one half by the claimant and one half by the respondent.
1. Except as provided in paragraph 2, the costs of arbitration shall in principal be borne equally
by the parties. However, the arbitral tribunal may apportion each of such costs between the parties, if
it determines that apportionment is reasonable, taking into account the circumstances of the case.
2. With respect to the costs of legal representation the arbitral tribunal, taking into account the
circumstances of the case, shall be free to determine which party shall bear such costs or may
apportion such costs between the parties if it determines that apportionment is reasonable.
3. When the arbitral tribunal issues an order for the termination of the arbitral proceedings or
makes an award on agreed terms, it shall fix the costs of arbitration referred to in Article 34 and
Article 35, paragraph 1, in the text of that order or award.
4. Additional, reasonable fees may be changed by an arbitral tribunal for correction or
completion of its award under Articles 32 and 33.
Deposit of Costs
1. The arbitral tribunal, on its establishment, may request each party to deposit an equal amount
as an advance for the costs referred to in Article 34, paragraphs (a) and (b).
2. During the course of the arbitral proceedings the arbitral tribunal may request supplementary
deposits from the parties.
3. When a party so requests, the arbitral tribunal shall fix the amounts of any deposits or
supplementary retirement of any witness or witnesses during the deposits only after consultation with
the Miami Maritime Arbitration Council which may make any comments to the arbitral tribunal which it
deems appropriate concerning the amount of such deposits and supplementary deposits.
4. If the required deposits are not paid in full within thirty days after the receipt of the request,
the arbitral tribunal shall so inform the parties in order that one or another of them may make the
required payment. If such payment is not made, the arbitral tribunal may order the suspension or
termination of the arbitral proceedings.
5. After the award has been made, the arbitral tribunal shall render an accounting to the parties
of the deposits received and return any unexpended balance to the parties.
Exclusion of Liability
Except in respect of deliberate wrongdoing, the arbitrator and the Council shall not be liable to any
party for any act or omission in connection with any arbitration conducted under these Rules.
Subject to the provisions of Article 35 and except to the extent necessary in connection with a court
challenge to the arbitration or an action for enforcement of an award, no information concerning of an
arbitration may be unilaterally disclosed by a party to any third party unless it is required to do so by
law or by a competent regulatory body, and then only
(a) by disclosing no more than what is legally required, and
(b) by furnishing to the Council and to the other party, if the disclosure takes place during the
arbitration, or to the other party alone, if the disclosure takes place after the termination of the
arbitration, details of the disclosure and an explanation of the reason for it.
Simplified Claims Procedure
This section of the Miami Maritime Arbitration Council (MMAC) Rules of Procedure (the "Rules"} is an
integral part of the Rules and shall be deemed to govern those disputes described herein. Except as
set forth in this
Section, Simplified Claims Procedures shall be governed by the Rules.
1. Should the amount claimed by each party not exceed $25,000, exclusive of interest and
attendant costs, then the resolution of the dispute shall be governed by this Section of the Rules.
2. Unless the parties agree on a sole arbitrator and notify MMAC thereof in writing within 15
(fifteen) days from the day the notice of arbitration is deemed to have been received by respondent,
the MMAC shall appoint a sole arbitrator.
3. The sole arbitrator shall forthwith establish a schedule for submission of such documentary
evidence as each party may wish to present. Either party may request a hearing, which may be
granted at the discretion of the arbitrator, and the hearing shall not last more than one day.
4. The Award shall be issued within 30 days of the last submission or of the day of the hearing.
5. The fee of the sole arbitrator shall be up to $250 per hour, not to exceed $2,000 in total.
A filing fee of $250 will be paid when a claim or counter claim is filed. An additional fee of $75 for
each day of hearings after the first day's hearing, or part thereof, shall be paid by each party as such
day or days are scheduled.
An appropriate administrative fee will be determined by the Miami Maritime Arbitration Council for
claims and counterclaims that are not for a monetary amount.
$100 is payable by a party causing its first postponement of any scheduled hearing.
$200 is payable by a party causing its second or subsequent postponement of any scheduled
$150 is payable by a party causing its first postponement of any scheduled hearing.
$300 is payable by a party causing its second or subsequent postponement of any scheduled