MAURITIUS Law and Practice Contributed by: Deephallee Harnaran, André Robert and Ammar Oozeer, BLC Robert & Associates
ing interim measures has no power or is unable for the time being to act effectively. Where the court so orders, an order made by it shall cease to have effect on the order of the arbitral tribunal or of any such arbi - tral or other institution or person having power to act in relation to the subject matter of the order (Section 23 (6) of the IAA). As can be seen from the above, the powers of the Supreme Court to issue interim relief are delimited by Section 23 of the IAA, so as to be in harmony with the arbitral tribunal. 6.3 Security for Costs Parties can be entitled to apply for an order for secu - rity for costs if the parties have agreed that the arbi - tration agreement shall be governed by specific rules that provide for such. Under the IAA, the arbitral tribu - nal can order a party to provide a means of preserving assets out of which a subsequent award may be satis - fied (Section 21 (1)(c) of the IAA) or to provide security for costs (Section 21 (1)(e) of the IAA). Furthermore, under Section 39 (6) of the IAA, where an application is made to set aside an award, the court may order that any money made payable by the award shall be brought into court or otherwise secured pend - ing the determination of the application. It is also provided under Rule 28 of the Supreme Court (International Arbitration Claims) Rules 2013 (the “2013 Rules”) that a “defendant to any arbitra - tion claim may apply for security for his costs of the proceedings”. Such an application is to be supported by written evidence, either by way of affidavit or in the form of one or more witness statements accompanied by any supporting documents (Rule 28 (2)). Where the court decides to make an order for security for costs, it shall determine the amount of security, direct the manner and time in which the security shall be given, and make an order specifying the consequences of a breach of the order for security for costs. Recently, in Laporte E.G.L v Laporte M.A.R 2025 SCJ 35 , the Supreme Court confirmed that security for costs can be obtained pending an appeal before the Judicial Committee of the Privy Council in the amount equivalent to the arbitral award. It reiterates the impor -
tance of preserving the rights of the successful party to damages.
7. Procedure 7.1 Governing Rules
Subject to the IAA, the parties are free to agree on the procedure to be followed by the arbitral tribunal in conducting arbitral proceedings. 7.2 Procedural Steps As the parties have the liberty to agree on the proce - dure to be followed by the arbitral tribunal under the IAA framework, the procedural steps will depend on the chosen law and/or rule. 7.3 Powers and Duties of Arbitrators Under Section 24 (1) of the IAA, every arbitral tribunal has the duty to: • “treat parties with equality and give them a reason - able opportunity of presenting their case”; and • “adopt procedures which are suitable to the circumstances to the case, avoiding unnecessary delay and expenses, so as to provide a fair and efficient means for the resolution of the dispute between the parties”. 7.4 Legal Representatives Legal representatives include barristers at law, attor - neys at law and notaries, and are subject to the Law Practitioners Act 2008. Under Section 31 of the IAA, unless otherwise agreed by the parties, a party to an arbitral proceeding can be “represented in the arbi - tral proceedings by a law practitioner or other person chosen who need not be qualified to practise law in Mauritius or in any other jurisdiction”. 8. Evidence 8.1 Collection and Submission of Evidence Subject to the IAA, the parties are free to agree on the procedure to be followed by the arbitral tribunal in conducting the proceedings. Failing such agreement, the arbitral tribunal may, subject to the IAA, conduct the arbitration in such manner as it considers appro -
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