amended December 1991)
Meat Importers Council of America, Inc. recommends the following arbitration
clause for insertion in all commercial contracts:
controversy or claim arising out of or relating to this contract, or the breach
thereof, shall be settled by arbitration by the Meat Importers Council of
America, Inc. in accordance with the Arbitration Rules of the Meat Importers
Council of America, Inc., and judgment upon the award rendered by the
Arbitrator(s) may be entered in any Court having jurisdiction thereof.”
the undersigned parties, hereby agree to submit to arbitration under the Arbitration
Rules of the Meat Importers Council of America, Inc. the following controversy:
(cite briefly). We further agree that
we will faithfully observe this agreement and the Rules and that we will abide
by and perform any award rendered by the Arbitrator(s) and that a judgment of
the Court having jurisdiction may be entered upon the award.”
1. AGREEMENT OF PARTIES:
The parties shall be deemed to have made these Rules
part of their arbitration agreement whenever they have provided for arbitration
by the Meat Importer Council of America, Inc. (hereinafter “MICA”) or under its
Rules. These Rules and any amendment
thereof shall apply in the form obtaining at the time the arbitration is
The parties may be located or resident in the United
States or elsewhere. When one or more
of the parties is located or resident other than in the United States, the
arbitration shall be an “international arbitration.”
2. NAME OF TRIBUNAL:
Any Tribunal constituted by the parties for the
settlement of their dispute under these Rules shall be called the Commercial
When parties agree to arbitrate under these Rules,
or when they provide for arbitration by the MICA and an arbitration is
initiated thereunder, they thereby constitute MICA the administrator of the
arbitration. The authority and
obligations of the administrator are prescribed in the agreement of the parties
and in these Rules.
4. DELEGATION OF DUTIES:
The duties of the MICA under these Rules may be
carried out through the Tribunal Administrators, or such other officers or
committees as the MICA may direct.
Section 5. PANEL OF ARBITRATORS:
The MICA shall establish and maintain a Panel of
Arbitrators and shall appoint Arbitrators therefrom as hereinafter provided.
6. OFFICE OF TRIBUNAL:
general office of a Tribunal is the headquarters of the MICA, which may,
however, assign the administration of an arbitration elsewhere.
7. INITIATION UNDER AN ARBITRATION PROVISION IN A CONTRACT
Arbitration under an arbitration provision in a
contract may be initiated in the following manner:
(a) The initiating party shall give notice to the other party
of its intention to arbitrate (Demand), which notice shall contain a statement
setting forth the nature of the dispute, the amount involved, if any, the
remedy sought, and
(b) By filing at the
Office of the Executive Director of the MICA a copy of said notice, together
with a copy of the arbitration provisions of the contract, together with the
appropriate administrative fee as provided in the Administrative Fee Schedule.
The MICA shall give notice of such filing to the
party. If so desired, the party upon
whom the Demand for Arbitration is made may file an answering statement in
duplicate with the MICA within 14 days (or 21 days in the case of an
international arbitration) after notice from the MICA in which event said party
shall simultaneously send a copy of the answer to the other party. If a monetary claim is made in the answer
the appropriate fee provided in the Fee Schedule shall be forwarded to the MICA
with the answer. If no answer is filed
within the stated time, it will be assumed that the claim is denied. Failure to file an answer shall not operate
to delay the arbitration.
8. CHANGE OF CLAIM
After filing of the claim, if either party desires
to make any new or different claim, such claim shall be made in writing and
filed with the MICA, and a copy thereof shall be mailed to the other
party, who shall have a period of 14
days (or 21 days in the case of an international arbitration) from the date of
such mailing within which to file an answer with the MICA. After the Arbitrator is appointed, however,
no new or different claim may be submitted except with the Arbitrator’s
9. INITIATION UNDER A SUBMISSION
Parties to any existing dispute may commence an
arbitration under these Rules by filing at the Office of the Executive Director
a copy of a written agreement to arbitrate under these Rules (Submission),
signed by the parties. It shall contain
a statement of the matter in dispute, the amount of money involved, if any, and
the remedy sought, together with the appropriate administrative fee as provided
in the Fee Schedule.
10. FIXING OF LOCALE
The parties may mutually agree on the locale where
the arbitration is to be held. If no
attempt to designate the locale is made within 14 days (or 21 days in the case
of an international arbitration) from the date of filing the Demand or
Submission, the arbitration shall be held in New York City. If any part requests that the hearing be
held in a specific locale and the other party files no objection thereto within
14 days (or 21 days in the case of an international arbitration) after notice
of the request, the locale shall be the one requested. If the parties desire different locations,
the Arbitration Panel shall decide the location in light of the convenience to
the parties and Arbitrators, the location of witnesses and other relevant
11. APPOINTMENT OF ARBITRATORS
Unless the parties agree to some other procedure,
each party shall appoint an Arbitrator of its choice within 14 days (or 21 days
in the case of an international arbitration) from initiation of arbitration,
and shall notify the Executive Director of their choices. The Executive Director shall promptly supply
simultaneously to each Arbitrator so selected an identical list of names chosen
from the Panel. In the case of an
international arbitration, the list of names chosen from the Panel shall
include names of Panel members resident in the country or countries of which
that party is a resident. Within 14
days (or 21 days in the case of an international arbitration) thereafter, the
two Arbitrators shall agree upon a neutral Arbitrator from the list supplied,
and shall notify the Executive Director.
In the absence of agreement, each Arbitrator shall notify the Executive
Director of objections to any individuals on the list, and the MICA shall
appoint the third Arbitrator, or, in its discretion, submit an additional
list. The third Arbitrator agreed upon
or appointed pursuant to this section shall act as Chairman of the Panel.
12. QUALIFICATIONS OF ARBITRATOR:
Any third Arbitrator appointed pursuant to Section
11 shall be neutral, subject to disqualification for the reasons specified in
Section 14. If the agreement of the
parties names an Arbitrator or specifies any other method of appointing an
Arbitrator, or if the parties specifically agree in writing, such Arbitrator
shall not be subject to disqualification of said reasons.
13. NOTICE TO ARBITRATOR OF APPOINTMENT:
Notice of the appointment of the neutral Arbitrator,
whether appointed by the parties or by the MICA, shall be mailed to the
Arbitrator by the MICA, together with a copy of these Rules, and the signed
acceptance of the Arbitrator shall be filed prior to the opening of the first
14. DISCLOSURE AND CHALLENGE PROCEDURE
A person appointed as a neutral Arbitrator shall
disclose to the MICA any circumstances likely to affect impartiality, including
any bias or any financial or personal interest in the result of the arbitration
or any past or present relationship with the parties or their counsel. Upon receipt of such information from such
Arbitrator or other source, the MICA shall communicate such information to the
parties, and, if it deems it appropriate to do so, to the Arbitrator and
others. Thereafter, the MICA shall
determine whether the Arbitrator should be disqualified and, if so, shall
inform the parties of its decision, which shall be conclusive.
If any Arbitrator should resign, die, withdraw, refuse,
be disqualified or be unable to perform the duties of the office, the MICA may,
on proof satisfactory to it, declare the office vacant. Vacancies shall be filled in accordance with
the applicable provisions of these Rules and the matter shall be reheard unless
the parties shall agree otherwise.
16. TIME AND PLACE:
The Arbitrators shall fix the time and place for
each hearing. The MICA shall advise
each party thereof at least five days in advance, unless the parties by mutual
agreement waive such notice or modify the terms thereof.
17. REPRESENTATION BY COUNSEL:
Any party may be represented by counsel. A party intending to be so represented shall
notify the other party and the MICA of the name and address of counsel at least
three days prior to the date set for the hearing at which counsel is first to
appear. When an arbitration is
initiated by counsel, or where an attorney replied for the other party, such
notice id deemed to have been given.
18. STENOGRAPHIC RECORD
The MICA shall make the necessary arrangements for
the taking of a stenographic record whenever such record is requested by a
party. The requesting party or parties
shall pay the cost of such record as provided in Section 45.
The MICA shall make the necessary arrangements for
the services of an interpreter upon the request of one or more of the parties,
who shall assume the cost of such service.
20. ATTENDANCE AT HEARINGS
The Arbitration shall maintain the privacy of the
hearings unless the law provides to the contrary. Any person having a direct interest in the arbitration is
entitled to attend hearings. The
Arbitrators shall otherwise have the power to require the exclusion of any
witness, other than a party or other essential person, during the testimony of
any other witness. It shall be
discretionary with the Arbitrators to determine the propriety of the attendance
of any other person.
The Arbitrators may take adjournments upon the
request of a party or upon the Arbitrators own initiative and shall take such
adjournments when all of the parties agree thereto.
Before proceeding with the first hearing or with the
examination of the file, each Arbitrator may take an oath of office, and if
required by law, shall do so. The
Arbitrators have discretion to require witnesses to testify under oath
administered by any duly qualified person or, if required by law or demanded by
either party, shall do so.
23. MAJORITY DECISION:
Whenever there is more than one Arbitrator, all
decisions of the Arbitrators must be by at least a majority. The award must also be made by at least a
majority unless the concurrence of all is expressly required by the arbitration
agreement or by law.
24. ORDER OF PROCEEDINGS:
A hearing shall be opened by the filing of the oath
of the Arbitrators; where required, and by the recording of the place, time and
date of the hearing, the presence of the Arbitrators and parties, and counsel,
if any, and by the receipt by the Arbitrators of the statement of the claim and
answer, if any.
The Arbitrators may, at the beginning of the
hearing, ask for statements clarifying the issues involved.
The complaining party shall then present its claim
and proofs and its witnesses, who shall submit to questions or other
examination. The defending party shall
then present its defense and proofs and its witnesses, who shall submit to
questions or other examination. The
Arbitrators have discretion to vary this procedure but shall afford full and
equal opportunity to all parties for the presentation of any material or
Exhibits, when offered by either party, may be
received in evidence by the Arbitrators.
The names and addresses of all witnesses and
exhibits in order received shall be made a part of the record.
25. ARBITRATION IN THE ABSENCE OF A
Unless the law provides to the contrary, the
arbitration may proceed in the absence of any party which, after due notice,
fails to be present or fails to obtain an adjournment. An award shall not be made solely of the
default of a party. The Arbitrators
shall require the party who is present to submit such evidence as the Arbitrators
may require for the making of an award.
The parties may offer such evidence as they desire
and shall produce such additional evidence as the Arbitrators may deem
necessary to an understanding and determination of the dispute. The Arbitrators, when authorized by law to
subpoena witnesses or documents, may do so upon the Arbitrators’ own initiative
or upon the request of any party. The
Arbitrators shall be the judge of the relevancy and materiality of the evidence
offered and conformity to legal rules of evidence shall not be necessary. All evidence shall be taken in the presence
of all the Arbitrators and of all the parties, except where any of the parties
is absent in default or has waived the right to be present.
27. EVIDENCE BY AFFIDAVIT AND FILING OF
The Arbitrators shall receive and consider the
evidence of witnesses by affidavit, but shall give it only such weight as the
Arbitrators deem it entitled to after consideration of any objections made to
All documents not filed with the Arbitrators at the
hearing, but arranged for at the hearing or subsequently by agreement of the
parties, shall be filed with the MICA for transmission to the Arbitrators. All parties shall be afforded opportunity to
examine such documents.
Section 28. INSPECTION OR INVESTIGATION:
Whenever the Arbitrators deem it necessary to make
an inspection or investigation in connection with the arbitration, the
Arbitrators shall direct the MICA to advise the parties of such intention. The Arbitrators shall set the time and MICA
shall notify the parties thereof. Any
party who so desires may be present at such inspection or investigation. In the event that one or both parties are
not present at the inspection or investigation, the Arbitrators shall make a
verbal or written report to the parties and afford them an opportunity to
Section 29. CONSERVATION OF PROPERTY:
The Arbitrators may issue such orders as may deemed
necessary to safeguard the property which is the subject matter of the
arbitration without prejudice to the rights of the parties or to the final
determination of the dispute.
30. CLOSING OF HEARINGS:
The Arbitrators shall specifically inquire of all
parties whether they have any further proofs to offer or witnesses to be
heard. Upon receiving negative replies,
the Arbitrators shall declare the hearings closed and a minute thereof shall be
recorded. If briefs are to be filed,
the hearings shall be declared closed as of the final date set by the
Arbitrators for the receipt of the briefs.
If documents are to be filed as provided for in Section 27 and the date
set for their receipt is later than that set for the receipt of the briefs, the
later date shall be the date of closing the hearing. The time limit within which the Arbitrators are required to make
the award shall commence to run, in the absence of other agreements by the
parties, upon the closing of the hearings.
31. REOPENING OF HEARINGS:
The hearings may be reopened on the Arbitrators’ own
motion, or upon application of a party at any time before the award is
made. If the reopening of the hearings
could prevent the making of the award within the specified time agreed upon by
the parties in the contract out of which the controversy has arisen, the matter
may not be reopened, unless the parties agree upon the extension of such time
limit. When no specific date is fixed
in the contract, the Arbitrators may reopen the hearings, and the Arbitrators
shall have thirty days from the closing of the reopened hearings within which
to make an award.
32. WAIVER OF ORAL HEARINGS:
The parties may provide, by written agreement, for
the waiver of oral hearings. If the
parties are unable to agree as to the procedure, the MICA shall specify a fair
and equitable procedure.
33. WAIVER OF RULES:
Any party who proceeds with the arbitration after
knowledge that any provision or requirement of these Rules has not been
complied with an who fails to state objection thereto in writing, shall be
deemed to have waived the right to object.
34. EXTENSION OF TIME:
The parties may modify any period of time by mutual
agreement. The MICA for good cause may
extend any period of time established by these Rules, except the time for
making the award. The MICA shall notify
the parties of any such extension of time and its reasons therefor.
35. COMMUNICATION WITH ARBITRATORS AND
SERVING OF NOTICES:
(a) There shall be no communication between the parties and a
neutral Arbitrator relating in any way to the arbitration other than at oral
hearings. Any other oral or written
communications from the parties to the Arbitrator relating to the arbitration
shall be directed to the MICA for transmittal to the Arbitrators.
(b) Each party to an agreement which provides for arbitration under
these Rules shall be deemed to have consented that any papers, notices or
process necessary or proper for the initiation or continuation of an arbitration
under these Rules and for any court action in connection therewith or for the
entry of judgment on any award made thereunder may be served upon such party by
mail addressed to such party or its attorney at its last know address or by
personal service, within or without the state or other jurisdiction wherein the
arbitration is to be held (whether such party be within or without the United
States of America), provided that reasonable opportunity to be heard with
regard thereto has been granted such party.
36. TIME OF AWARD:
The award shall be made promptly by the Arbitrators
and, unless otherwise agreed by the parties, or specified by law, no later than
thirty days from the date of closing the hearings, or if oral hearings have
been waived, from the date of transmitting the final statements and proofs to
37. FORM OF AWARD:
The award shall be in writing and shall be signed
either by the sole Arbitrator or by at least a majority if there be more than
one. It shall be executed in the manner
required by law.
38. SCOPE OF AWARD:
The Arbitrators may grant any remedy or relief which
the Arbitrators deem just and equitable and within the scope of the agreement
of the parties, including, but not limited to, specific performance of a
contract. The Arbitrators, in the
award, shall assess arbitration fees and expenses in favor of any party and, in
the event any administrative fees or expenses are due to MICA, in favor of the
39. AWARD UPON SETTLEMENT:
If the parties settle their dispute during the
course of the arbitration, the Arbitrators, upon their request, may set forth
the terms of the agreed settlement in an award.
40. DELIVERY OF AWARD TO PARTIES
Parties shall accept as legal delivery of the award
the placing of the award or a true copy thereof in the mail by the MICA,
addressed to such party at its last know address or to its attorney, or
personal service of the award, or the filing of the award in any manner which
may be prescribed by law.
41. RELEASE OF DOCUMENTS FOR JUDICIAL
The MICA shall, upon the written request of a party,
furnish to such party, at is expense, certified facsimiles of any papers in the
MICA’s possession that may be required in judicial proceedings relating to the
42. APPLICATIONS TO COURT -
(a) No judicial
proceedings by a party relating to the subject matter of the arbitration shall
be deemed a waiver of the party’s right to arbitrate.
(b) The MICA is not a
necessary party in judicial proceedings relating to the arbitration.
(c) Parties to these Rules
shall be deemed to have consented that judgment upon the arbitration award may
be entered in any Court having jurisdiction thereof.
43. ADMINISTRATIVE FEES:
As a non-profit organization, the MICA shall
prescribe an Administrative Fee schedule and a Refund Schedule to compensate it
for the cost of providing administrative services. The schedule in effect at the time of filing or the time of
refund shall be applicable.
The administrative fees shall be advanced by the
initiating party or parties, subject to final apportionment by the Arbitrators
in the award.
When a matter is withdrawn or settled, the refund
shall be made in accordance with the Refund Schedule.
The MICA in the event of extreme hardship on the
part of any party, may defer or reduce the administrative fee.
44. FEE WITH ORAL HEARINGS ARE WAIVED:
Where all oral hearings are waived under Section 32,
the Administrative Fee Schedule shall apply.
The expenses of witnesses for either side shall be
paid by the party producing such witnesses.
The cost of the stenographic record, if any is made,
and all transcripts thereof, shall be
prorated equally among all parties ordering copies unless they shall otherwise
agree and shall be paid for by the responsible parties directly to the
All other expenses of the arbitration, including
required traveling and other expenses of the Arbitrators and of MICA
representatives, and the expenses or any witness or the cost of any proofs
produced at the direct request of the Arbitrators, shall be borne equally by
the parties, unless they agreed otherwise, or unless the Arbitrators, in the
award, assess such expenses or any part thereof against any specified party or
46. ARBITRATOR’S FEE:
Members of the Panel of Arbitrators serve without
fee in commercial arbitrations. In
prolonged or in special cases the parties may agree to the payment of a fee.
Any arrangements for the compensation of a neutral
Arbitrator shall be made through the MICA and not directly by the Arbitrators
with the parties.
The MICA may require the parties to deposit in
advance such sums of money as it deems necessary to defray the expense of the
arbitration, including the Arbitrators’ fees, if any, and shall render an
accounting to the parties and return any unexpended balance.
48. INTERPRETATION AND APPLICATION OF
The Arbitrators shall interpret and apply these
Rules insofar as they relate to the Arbitrators’ powers and duties. When there is more than one Arbitrator and a
difference arises among them concerning the meaning or application of any such
Rules, it shall be decided by a
majority vote. If that is unobtainable,
either an Arbitrator or a party may refer the question to the MICA for final
decision. All other Rules shall be
interpreted and applied by the MICA.
administrative fee of the MICA is based upon the amount of each claim and
counterclaim as disclosed when the claim and counterclaim are filed, and is due
and payable at the time of filing
of Claim Fee
to $10,000 3%
$ 10,000 to $ 25,000 $
300 plus 2% of excess over $10,000
$ 25,000 to $ 100,000 $
600 plus 1% of excess over $25,000
to $ 200,000 $1,350, plus 1/2% of excess over $100,000
to $ 5,000,000 $1,850,
plus 1/4% of excess over $200,000
the claim or counterclaim exceeds $5 million, an appropriate fee will be
determined by the MICA.
no amount can be stated at the time of filing, the administrative fee is $300,
subject to adjustment in accordance with the above schedule as soon as an
amount can be disclosed. If there are
more than two parties represented in the arbitration, an additional 10% of the
initiating fee will be due for each additional represented party.
payable by a party causing an adjournment of any scheduled hearing.
payable by a party causing a second or additional adjournment of any scheduled
payable by each party for each hearing after the first hearing which is either
clerked by the MICA or held in a hearing room provided by MICA.
MICA is notified that a case has been settle or withdrawn before a list of
Arbitrators has been sent out, all the fee in excess of $150 will be refunded.
the MICA is notified that a case has been settled or withdrawn thereafter but
before the due date for the return of the first list, two-thirds of the fee in
excess of $150 will be refunded.
the MICA is notified that a case is settled or withdrawn thereafter but at
least 48 hours before the date and time set for the first hearing, one-half of
the fee in excess of $150 will be refunded.