MAURITIUS Law and Practice Contributed by: Deephallee Harnaran, André Robert and Ammar Oozeer, BLC Robert & Associates
priate, and determine all the procedural and evidential matters (Sections 24 (2) and 24 (3) of the IAA). 8.2 Rules of Evidence In the absence of an agreement between the parties, the arbitral tribunal can determine all procedural and evidential matters (Section 24 (3)(d) of the IAA). 8.3 Powers of Compulsion In the absence of an express agreement on the collec - tion and submission of evidence at the pleading stage and at the hearing, an arbitrator can compel a party to disclose documents under Section 24 (3)(d) of the IAA. Whilst the above only applies to parties to the arbi - tration, Section 29 of the IAA further provides that the arbitral tribunal can request the Supreme Court to provide assistance through the issue of relevant summons to non-parties to give evidence or produce documents or other material, or to order any witness to submit to examination on oath before the arbitral tribunal or before an officer of the court or any person for the use of the arbitral tribunal. A strict application of the IAA does not render an arbitration confidential, but the parties can (and typi - cally do) agree to the confidentiality of arbitration pro - ceedings and their constituent parts either by express agreement or in the rules they have chosen to govern the arbitration. Section 42 (1B)(a) of the IAA provides that, upon appli - cation by a party, international arbitration-related cas - es before the Supreme Court can be heard in private where: • all the parties agree; or • the court considers that publicity would prejudice the interests of justice, taking into account the spe - cific features of international arbitration, including any expectation of confidentiality that the parties 9. Confidentiality 9.1 Extent of Confidentiality may have had when concluding their arbitration agreement, or any need to protect confidential information.
Only the announcement of the court’s decision would then be public. Section 42 (1C) of the IAA further provides that the Supreme Court can prohibit the publication of all infor - mation relating to the court proceedings, upon the application of one or all of the parties and where the interests of justice so require. In addition, Rule 12 of the 2013 Rules provides that any judgment of the Supreme Court can be edited before being published and that any evidence, court records and documents must be kept in the manner in which the Supreme Court directs. Sections 34 (1) and 34 (2) of the IAA provide that, unless otherwise agreed by the parties, the arbitral tribunal can make more than one award at different points in time in the arbitration proceedings on a spe - cific issue or on claims or counterclaims submitted to it for decision. The key legal requirements of an award include the following (Section 36 of the IAA): • It must be in writing and signed by the arbitrator or more than one arbitrator, or by the majority of arbitrators or the presiding arbitrator, provided that the reason for omitting any signature is stated. • It must state reasons on which it is based, unless the parties have agreed otherwise. • It shall state the date on which it was made and shall always be deemed to have been made at the juridical seat of the arbitration. • After an award is made, a signed copy must be delivered to each party. 10.2 Types of Remedies Unless otherwise agreed by the parties, the arbitral tribunal: • may make a declaration as to any matter to be determined in the proceedings; • may order the payment of a sum of money in any currency; • has the same powers as a court in Mauritius: 10. The Award 10.1 Legal Requirements
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