Malta Arbitration Centre

Request for Proposals: Concession for the Operation of Functions Provided by The Malta Arbitration Centre

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Government’s Vision for Malta as a Centre for International Arbitration

 
Government’s vision is to promote Malta as an advantageous jurisdiction for international arbitration. Consequently, the Government in line with its plans to rejuvenate and bring closer the judiciary system to its citizens and businesses, is launching a Request for Proposal (RFP) regarding a concession for the Operation of the Functions Provided by The Malta Arbitration Centre.
 
International Arbitration is an established institutional mechanism already enshrined in the Maltese Legislative framework and in particular Chapter 387, Arbitration Act and the Arbitration Rules, 2004 (Legal Notice 421 of 2004). These existing legal instruments encourage and facilitate the settlement of disputes through arbitration in Malta and to establish the Malta Arbitration Centre as a centre for domestic arbitration and international commercial arbitration.
 
Government’s strategy is based on the belief that the private sector can leverage the Malta Arbitration Centre to position itself as an effective centre for arbitration. The objective of the RFP is to grant a concession to the Successful Proponent to undertake most of the functions carried out by the Malta Arbitration Centre. The RFP excludes arbitration services that are of a domestic mandatory nature, which cases shall continue to be heard and adjudicated by the Malta Arbitration Centre.
 
Malta’s strategic location in the Mediterranean and having a well-established maritime, aviation and gaming industries may provide a robust business opportunity for the promotion of arbitration services. Hence, in managing the international arbitration dimension, the Successful Proponent shall accept the responsibility to develop its own arbitration facilities that are to operate profitably and in a way that ensures that Government and those using the arbitration facilities are fully satisfied with the quality of the services provided. Furthermore, the arbitration services to be provided shall be to acceptable local regulatory level and to international standards.
 
The arbitration services to be provided include international arbitration disputes, domestic voluntary arbitration disputes and any other ancillary services that may be provided, such as, an extensive electronic library service. This service is to ensure that the parties and Arbitrators have access to a Professional Expert Library and other recognised and professional legal resources. Moreover, investors are also encouraged to be innovative and generate other ancillary services that will boost the international arbitration dimension and provide Malta with the visibility as a centre of international arbitration.
 
The Successful Proponent is to have robust affiliations with internationally recognised partner organisations and shall also undertake to have skilled and experienced arbitrators at all times. Given the international dimension, whereby parties may be coming from different countries, particular considerations shall be given to technological connectivity, video conferencing and other vanguard developments related to the ICT industry, thus facilitating worldwide interaction that is the cornerstone for conducting international arbitration proceedings. Government’s primary goal is to see Malta Arbitration Centre develop into a centre of excellence.
 
 

Strategic Objectives

The GoM aims to attain, at least the following strategic benefits from this RFP process and the eventual grant of the Concession Agreement:

  • To promote Malta as an international arbitration centre and ancillary industries and to increase the filing of new arbitration cases in Malta for every year of the concession;

  • To operate the arbitration services profitably and in a way that ensures that users and the Government are satisfied with the level and quality of the services and facilities provided to an acceptable local regulatory and international standards and to assist the development of the Maltese economy;

  • To ensure that no revenue or capital support for the Project will be required from the Government;

  • To complement the arbitration facilities with the strategic commitment, vision and capability of experienced international players, including recognised international networks of arbitrators, in order to tap new opportunities for ongoing and sustainable business growth;

  • To ensure that the arbitration services are supported by sustainable manpower levels, skill base and work practices as may be further developed through training opportunities;

  • To maximize the spill-over benefits to the Maltese economy through increased investment opportunities, sustainable employment prospects and development of Malta as an international centre for arbitration and ancillary activities.

Benefits

The concession under this RFP is designed to attain the following benefits:

  • To promote Malta as a central destination for the resolution of international disputes through arbitration and to encourage both domestic and international arbitration as a means to settle disputes;

  • To provide the necessary facilities for the conduct of arbitration;

  • To perform a holistic promotional strategy on local and international media and to widen the interaction with users of the arbitration services to include the web, mobile and social networking, amongst others;

  • To maximize the arbitration industry value chain by rendering this industry sector competitive along with those prevalent in the international sphere, as well as to attract new value-added services;

  • To maximise the benefits to the Maltese economy through inter alia increased investment, employment prospects, academic and business opportunities related to arbitration and dispute resolution related activities.

 

Timetable

4 January 2016 extended to 15 January 2016   - Deadline for collection of RFP document.

6 January 2016 - Latest date for submission to the PU of requests for clarifications by Prospective Proponent.

18 January 2016 - Latest date for responses by the PU to requests for clarifications made by Prospective Proponent

29 January 2016 extended to 12 February 2016  - Deadline for the submission of RFP Proposals.