MAURITIUS Law and Practice Contributed by: Deephallee Harnaran, André Robert and Ammar Oozeer, BLC Robert & Associates
established internationally. To date, however, there is no public information available on cases in which par - ties have resorted to third-party litigation funding. In OGD Services Holdings Ltd v Norscot Rig Man- agement Pvt Limited (Mauritius) 2023 SCJ 455 , the Supreme Court held that a costs award in an English- seated arbitration allowing the successful party to recover third-party litigation costs did not contravene An arbitral tribunal seated in Mauritius and a court can consolidate separate arbitral proceedings if all parties agree. Under the IAA, parties can expressly opt for the Supplementary Provisions set out in Schedule 1 of the IAA to be applied to their arbitration. If they have done so, paragraph 3 of the Supplementary Provi - sions allows an arbitral tribunal to consolidate sepa - rate arbitral proceedings upon the application of at least one party. Mauritian public policy. 13.4 Consolidation
The arbitral tribunal will do so on such terms as it thinks just, and can also order that one of those arbi - tral proceedings be stayed (paragraph 3 (1) of the Supplementary Provisions of the IAA). If the arbitral tribunal refuses or fails to make such order, the Supreme Court may make such order in lieu of the arbitral tribunal, upon the application of a party to any of the proceedings. 13.5 Binding of Third Parties A third party, whether domestic or foreign, will not be bound by an arbitration agreement or award if it was not or did not become a party to it.
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