MAURITIUS Law and Practice Contributed by: Sivakumaren (Robin) Mardemootoo, Natasha Behary Paray and Jeeshna (Kaajal) Radhakissoon, Dentons Mauritius LLP
In the context of domestic arbitrations, the Code of Civil Procedure does limit the mandate of the arbitra- tor to six months, although this may be extended by agreement of the parties. Most domestic arbitrations are not concluded within six months, and extensions are common. 3.7 Regulation of Arbitration Mauritian law draws a clear distinction between domestic and international arbitration, with each sub- ject to its own distinct legal regime. International arbitration is governed by the Interna- tional Arbitration Act 2008, which sets out the proce- dural framework for international arbitrations seated in Mauritius, and the process for recognition and enforcement of resulting awards. By contrast, the rec- ognition and enforcement of foreign arbitral awards (that is, delivered following an arbitration seated out- side Mauritius) is regulated by the Convention on the Recognition and Enforcement of Foreign Arbitral Awards Act 2001 (the “Convention”). Arbitration or enforcement claims made under the International Arbitration Act 2008 and the Convention are also regulated by the Supreme Court (International Arbitration Claims) Rules 2013. Proceedings brought before the courts under both instruments are further subject to the specialised pro- cedural framework established by the Supreme Court (International Arbitration Claims) Rules 2013. Domestic arbitration, by contrast, is governed by the Code of Civil Procedure 1808 and the procedural rules of the arbitration would differ on the basis of whether parties elected for ad hoc arbitration or institutional arbitration. The Code of Civil Procedure 1808 also prescribes the procedure for exequatur of a domestic award. Finally, the enforcement of awards rendered under the ICSID Convention is provided for under the Invest- ment Disputes (Enforcement of Awards) Act. 3.8 Court Powers In line with the pro-arbitration approach of Mauritian law, the Supreme Court is vested with several powers
to support arbitral tribunals in the discharge of their functions, both under the domestic arbitration regime and under the International Arbitration Act 2008. For international arbitrations falling under the scope of the International Arbitration Act 2008, the Supreme Court may: • order interim measures in support of international arbitral proceedings, whether seated in Mauritius or not; • recognise and enforce interim measures granted by an arbitral tribunal, whether seated in Mauritius or not; • assist an arbitral tribunal or a party, having secured the leave of the tribunal, in taking evidence, whether by issuing a witness summons compelling the attendance of any person before the tribunal to give evidence or produce documents, or by order- ing a witness to submit to examination on oath before the tribunal or an officer of the court; • recognise and enforce an international arbitral award in the same manner as a final judgment of the court; • where the parties have expressly agreed and incorporated the First Schedule of the International Arbitration Act 2008, determine a preliminary point of Mauritian law upon application by a party, either with the consent of the arbitral tribunal or of all other parties; and • where the parties have expressly agreed and incorporated the First Schedule of the International Arbitration Act 2008, hear an appeal on a question of Mauritian law; and • deal with applications for setting-aside of an award delivered by an arbitral tribunal seated in Mauritius, on grounds which mirror those set out under Article V of the New York Convention. For domestic arbitrations, the Code of Civil Procedure provides broader powers for courts to support arbi- tration proceedings, pursuant to which the Supreme Court may: • appoint an arbitrator or arbitrators upon application by any party to the arbitration agreement, provided that reference is made to the court’s power to make such appointment;
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