MAURITIUS Law and Practice Contributed by: Deephallee Harnaran, André Robert and Ammar Oozeer, BLC Robert & Associates
12. Enforcement of an Award 12.1 New York Convention
award in the same manner. The Chief Justice can specify the parties on which the order should be served. • Within 14 days after receipt of the provisional order, the applicant has to cause the enforcement claim and provisional order to be served on the respond - ent or any such parties as ordered by the Chief Justice. It is worth noting that an application can also be made to extend the delay to allow service to be effected outside the jurisdiction (Rule 8 of the 2013 Rules). • The respondent may apply to set aside the provi - sional order and enforcement claim within 14 days of receipt or within such period as specified by the order if it has been served outside the jurisdiction. The grounds on which the respondent can rely to set aside the provisional order are limited to those contained in Article V of the New York Convention. • The award only becomes enforceable once the period given to the respondent to set aside the provisional order has lapsed or, if the respondent has made an application to set aside the provi - sional order, when the respondent’s application has been finally dealt with. If an award has been set aside by the court in the seat of the arbitration, the Supreme Court still has discretion to enforce it in Mauritius. Article V(1)(e) of the New York Convention provides that the court may refuse recognition and enforcement if the respondent • has been set aside or suspended by a competent authority of the country in which, or under the law of which, the award was made. When an award is subject to ongoing set-aside pro - ceedings, the court may, if it considers it proper, adjourn the decision on the enforcement of the award and may also, on the application of the party claim - ing enforcement of the award, order the other party to furnish suitable security (Article VI of the New York Convention). There is currently no specific law on state immunity at the enforcement stage or under the IAA. This question furnishes proof that the award: • has not yet become binding; or
Mauritius is a signatory to the Convention on the Rec - ognition and Enforcement of Foreign Arbitral Awards (without reservation), which has been given force of law in the Schedule to the 2001 Act. The New York Convention is applicable irrespective of reciprocity (Section 3A of the 2001 Act), allowing the enforce - ment of foreign arbitral awards rendered even in non- signatory states. 12.2 Enforcement Procedure As well as foreign arbitral awards, the IAA provides that the 2001 Act (which contains the New York Con - vention) “shall” apply to the recognition and enforce - ment of awards rendered under the IAA – ie, awards made in international arbitrations whose juridical seat is Mauritius (Section 40 of the IAA). Applications for the recognition and enforcement of arbitral award applications are governed by Rule 15 of the 2013 Rules, as follows: • An application is made by way of an arbitration claim and is initially made without notice to any respondent. • Written evidence in support of the enforcement claim should include the documents as set out in Article IV of the New York Convention (the duly authenticated original award or a duly certified copy and the original or a duly certified copy of the agreement). • The application should state the name and the usual or last known place of residence or busi - ness of the applicant or, if a body corporate, the registered address of the person against whom it wishes to enforce the award. • The application should state whether the award has been complied with or the extent to which it has not been complied with. • The application should include a draft order grant - ing recognition of the award and, where appropri - ate, authorising the enforcement of the award. • The application is dealt with by the Chief Justice and, if the above requirements have been complied with, a provisional order is granted recognising the award and authorising the enforcement of the
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