MAURITIUS Law and Practice Contributed by: Sivakumaren (Robin) Mardemootoo, Natasha Behary Paray and Jeeshna (Kaajal) Radhakissoon, Dentons Mauritius LLP
Dentons Mauritius LLP Les Jamalacs Building Vieux Conseil Street Port Louis Mauritius Tel: +230 2121150 Web: www.dentons.com
1. Dispute Resolution Methods 1.1 Main Dispute Resolution Methods Commercial disputes in Mauritius are resolved either through litigation before the competent courts and tribunals or through various alternative dispute reso- lution (ADR) mechanisms – principally negotiation, mediation and arbitration. Litigation The primary forum for the determination of commer- cial disputes for a sum exceeding MUR2 million is the Commercial Division of the Supreme Court, which is empowered to hear and determine matters under the Insolvency Act, the Companies Act, any matter relat- ing to banking, bills of exchange, offshore business, patents and trade marks, and any contractual matters. Arbitration Arbitration is also a popular dispute resolution mecha- nism, and Mauritius has two different regimes appli- cable to domestic and international arbitration pro- ceedings. Purely domestic arbitrations are governed by Code of Civil Procedure 1808 and reflect French law on domestic arbitrations prior to the reform of 2012. In contrast, international arbitrations seated in Mauritius are governed by the UNCITRAL Model Law, the International Arbitration Act 2008 and the related legislation. Mauritius is also a party to the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”), which allows for the recognition and enforcement of awards made outside Mauritius.
Mediation Litigants may also resort to mediation, through dis- pute resolution providers such as the Mediation and Arbitration Center. Although Mauritius has signed the Singapore Convention on Mediation, its provisions have not been implemented into Mauritian law yet. Mauritius also does not have a formalised process for mediation, as it does for arbitration. Mediation may also be conducted before the Media- tion Division of the Supreme Court or Intermediate Court of Mauritius, following a referral of a dispute to mediation by the Chief Justice or by the President of the Civil Division of the Intermediate Court, respec- tively, of their own motion, or upon a joint request by Parties often reach a negotiated settlement, prior to or even during arbitration or litigation proceedings. Parties can also opt to have their settlement agree- ment ratified by court, which renders the settlement terms executory in a manner similar to a judgment by the court. 1.2 Choice of Dispute Resolution Method Litigation remains the most widely used mechanism for the resolution of commercial disputes in Mauritius, owing to the established role of the courts, the famili- arity of most legal practitioners and the relatively low costs associated with court processes. Arbitration has nonetheless gained considerable ground in recent years, particularly in the construction, corporate and real estate sectors, where parties value its flexibility, confidentiality, and access to specialist the parties. Negotiation
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