MACAU SAR, CHINA Law and Practice Contributed by: João Nuno Riquito, Bruno Almeida and Daniel de Senna Fernandes, Riquito Advogados
11.2 Factors Considered When Awarding Costs The outcome of the proceedings is the most relevant factor to be considered when awarding costs. Costs are paid by the losing party. If the proceedings terminate pending judgment, an array of factors may determine the responsibility for the costs, such as whether either party has yet ben- efited from the proceedings, or if the termination is a result of an action attributable to one of the parties. In cases of settlement, without prejudice to an agree- ment otherwise, the costs shall be settled in equal parts. If either party withdraws or confesses the claim, the costs shall be paid by that party. Actions which are deemed to have been useless shall Court costs are subject to interest after expiry of the deadline for voluntary payment (20 days from the noti- fication of the bill of costs). Such interest is in the amount of 1% per month of the unpaid costs. 12. Alternative Dispute Resolution (ADR) 12.1 Views of ADR Within the Country The main alternative dispute resolution (ADR) mecha- nism currently available in the Macau SAR is arbitra- tion. Although certain legislation refers to mediation, it does not regulate mediation or conciliation as stan- dalone processes. be paid for by the requesting party. 11.3 Interest Awarded on Costs However, certain institutionalised arbitration centres provide mediation and/or conciliation processes, and almost every arbitration regulation provides for a conciliation hearing where a settlement is attempted before the matters go to trial. For example, the WTC Macau Arbitration Centre provides autonomous medi- ation in relation to disputes arising in the context of the Closer Economic Partnership Arrangement (CEPA) on trade services between the Macau SAR and the People’s Republic of China as well as an autonomous
conciliation process to which any matters can be sub- mitted; and the Real Estate Administration Arbitration Centre provides for a mandatory conciliation phase before the matter is finally referred to arbitration. 12.2 ADR Within the Legal System In the existing framework, there are neither general compulsory arbitration provisions nor sanctions for unreasonable refusal of ADR. 12.3 ADR Institutions There are currently three institutional arbitration cen- tres in the Macau SAR: • the Macau Lawyers’ Association Arbitration Centre. The WTC Macau Arbitration Centre and the Lawyers’ Association Arbitration Centre are able to take arbitra- tions on any matters that may be submitted to arbi - tration while the others are limited to specific matters and, in certain cases, by the nature of the disputes (for instance, the Macau Consumer Mediation and Arbitra- tion Centre only accepts consumer disputes). • the Consumer Conflicts Arbitration Centre; • the WTC Macau Arbitration Centre; and Macau SAR’s Arbitration Law (Law 19/2019) came into force on 3 May 2020. It is fundamentally inspired by the UNCITRAL Model Law on international com- mercial arbitration (with the amendments approved in 2006) and revokes and unifies the currently existing dual arbitration regimes in the Macau SAR, thereby replacing the previous parallel regimes: • the Domestic Arbitration Law (Decree Law No 29/96/M); and • the International Commercial Arbitration Law (Decree Law No 55/98/M). Although the new law is applicable to arbitrations commenced after such date, arbitral agreements signed before the entry into force of Law 19/2019 that expressly refer to any of the former regimes may be 13. Arbitration 13.1 Laws Regarding the Conduct of Arbitration
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