MAURITIUS Law and Practice Contributed by: Sivakumaren (Robin) Mardemootoo, Natasha Behary Paray and Jeeshna (Kaajal) Radhakissoon, Dentons Mauritius LLP
2. Litigation 2.1 Limitation Periods
decision-makers. Most standard-form construction contracts incorporate arbitration clauses as default. Mediation remains comparatively under-utilised, including before the courts, largely due to voluntary nature of the referral to mediation and the absence of a comprehensive legislative framework providing for the effective enforcement of mediation settlement agreements. 1.3 Key Dispute Resolution Trends In Mauritius, commercial litigation is expected to remain the predominant means of resolving commer- cial disputes, although arbitration is gradually gaining prominence. Furthermore, Mauritius is also increas- ingly positioning itself as an arbitration-friendly juris- diction and a neutral seat for international arbitration, especially in relation to Africa-related disputes, a trend that is likely to accelerate in the context of current geopolitical tensions. The expanding profile of the Mauritius International Financial Centre and the relative political stability in Mauritius has further contributed to a growing volume of cross-border enforcement proceedings, reflect- ing the jurisdiction’s broader ambition to cement its standing as a leading dispute resolution hub for the region. On the modernisation front, the Commercial Division of the Supreme Court has already transitioned to a fully operational e-filing system. For the near future, there appears to be a clear momentum towards the specialisation of court divisions and a broader digi- talisation of court procedure through virtual hearings and digital case management to improve efficiency and reduce delays. There is also an increasing move away from oral advo- cacy before the Mauritian courts, and a preference for written forms of advocacy, through written submis- sions, whether at the conclusion of a trial on facts, or for points of law or on appeal. The duration of court hearings is thus heavily curtailed.
The Mauritian Civil Code (MCC) provides the principal framework governing limitation periods in Mauritius. As a general rule, all personal actions are subject to a limitation period of ten years from the date on which the plaintiff has an actionable claim against the defendant, though there are exceptions contained in the MCC itself and in certain statutes, such as the Trusts Act, which provide for shorter prescription peri- ods. For instance, under the MCC, claims for pay- ments that are recurrent at annual or shorter inter- vals (eg, rent) are subject to a three-year time bar. For actions to claim the nullity of any contract, this is five years. Actions in rem – that is, actions relating to immovable property rights – are subject to a longer limitation period of 30 years. The Public Officers Protection Act provides for a reduced prescription period of two years in respect of actions brought regarding public officers or per- sons engaged in the performance of a public duty. The State Proceedings Act allows the State to benefit from the same reduced limitation period where the liability of the State is being impugned for the negligence of public officers. In the context of judicial review, applications chal- lenging executive decisions must be filed within 45 days of the date of the administrative decision. This period may, however, be extended at the discretion of a judge where the applicant is able to demonstrate good cause for the delay. In the context of applications for constitutional relief, the action must be brought within three months of the Mauritius has a single-structured judicial system comprising the Courts of Civil and Criminal Appeals, the appellate jurisdiction of the Supreme Court, the Supreme Court of Mauritius and subordinate courts – which include the Intermediate Court, the Industrial Court, District Courts, the Bail and Remand Court, and the Court of Rodrigues. right of action arising. 2.2 Court Structure
341 CHAMBERS.COM
Powered by FlippingBook