MCIA is a neutral, private, and a not-for-profit arbitral institution in India.
MCIA is an independent arbitral institution which provides services to parties to administer their commercial disputes. The arbitration is governed by a set of Rules, which provide a framework for the proceeding to be conducted in an efficient and effective manner.
Administering the dispute includes -
Appointment of a suitable arbitrator for the dispute
Supervise and monitor the progress of an arbitration proceeding. This includes keeping a track of the timelines, managing costs of the arbitration and ensuring seamless communication and coordination between the arbitral tribunal and the parties.
Supervising the financial aspects of the proceedings, including advance on costs on parties and arbitrator fee.
Provide any other assistance, as applicable.
No. Since MCIA is an independent arbitral institution which administers arbitration proceedings, it does not provide legal advice.
The following are some of the advantages which arbitration under the MCIA Rules offers over ad hoc arbitration proceedings:
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.
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.
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.
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, 1996 (which is necessary for appointment of arbitrators in an ad hoc arbitration).
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.
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.
The MCIA Secretariat 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.
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, but is not limited to, commercial, corporate, maritime/shipping and construction arbitrations.
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.
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 the 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. MCIA can administer any arbitration where the seat of arbitration is outside Mumbai or outside India. It can administer arbitrations where the governing law of the parties’ contract is a law other than Indian law.
In order to initiate arbitration under the MCIA Rules, a written Request for Arbitration (‘RFA’) must be filed in accordance with Rule 3. The RFA must include the following details -
demand that the dispute be referred to arbitration;
the full terms of the arbitration clause or the separate arbitration agreement that is invoked;
a reference to (and, where possible, a copy of) the contract(s) (or other instrument(s)) out of or in relation to which the dispute arises;
the full names and contact details (including postal address(es), telephone number(s), facsimile number(s) and electronic mail address(es), to the extent known) of the parties to the arbitration and their legal representatives, if any;
a statement briefly describing the nature and circumstances of the dispute and the claims advanced by the Claimant against any other party to the arbitration, specifying the relief claimed, including the amounts of any quantified claims and, to the extent possible, an estimate of the monetary value of any other claims;
a statement of any matters which the parties have previously agreed as to the conduct of the arbitration or with respect to which the Claimant wishes to make a proposal
unless the parties have agreed otherwise, the nomination of an arbitrator, if the arbitration agreement provides for three arbitrators, or a proposal for a sole arbitrator if the arbitration agreement provides for a sole arbitrator;
confirmation that copies of the Request for Arbitration and any exhibits have been or are being served simultaneously on all other parties; and
confirmation that the requisite filing fee has been paid
The RFA must be sent to [email protected] and [email protected]. It can also be couriered to MCIA Headquarters in Mumbai.
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.
Please reach out to [email protected] or [email protected] for details for bank transfer.
The ‘costs of arbitration’ as defined in the MCIA Rules, 2025 includes:
the Tribunal’s fees and expenses and the Emergency Arbitrator’s fees and expenses, where applicable;
the MCIA’s administrative fees and expenses;
the fees and expenses of any Tribunal Secretary; and
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.
The arbitrator is appointed by the MCIA Council as per the MCIA Rules.
For a sole arbitrator, if the parties are unable to agree on an arbitrator within the stipulated time, the MCIA Council appoints the arbitrator. In case of a three-member tribunal, the presiding arbitrator is appointed by the MCIA Council. All party-nominated arbitrators are subject to confirmation by the MCIA Council.
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, as mentioned in the MCIA Schedule of Fees
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. At the request of a party and before the constitution of the Tribunal, the MCIA Council has the power to consolidate two or more arbitration proceedings. Any request for consolidation after the constitution of the Tribunal must be made before the Tribunal.
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 criteria mentioned under Rule 17 of MCIA Rules, 2025 is met.
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 17.1(b) 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 40.2, 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.
No, MCIA maintains an internal database of arbitrators. 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 Young MCIA welcomes applications for membership from young professionals and students under the age of 40 with an interest in the field of international arbitration. Members can participate actively in Young MCIA events and initiatives. To apply to join Young MCIA, the form available under ‘YMCIA’ on our website must be filled.
MCIA organizes multiple flagship events during the year. These include the India ADR Week (www.adrweek.in), and the Annual International Arbitration Conference, Ahmedabad. MCIA conducts the Tribunal Secretary Training Program and Arbitrator Accreditation courses in collaboration with CIArb.
To participate, please stay updated by joining our mailing list and following us on LinkedIn.