MAURITIUS Trends and Developments Contributed by: Steven Sarangavany Sengayen, Steven and Associates Law Firm
Judicial trends • Pro-Enforcement Stance: The prevailing judicial approach is pro-enforcement, with refusal being exceptional and limited to cases where a manifest breach of mandatory public policy is established. • Modern Issues: The courts have begun grappling with digital-hearing protocols, data privacy con - cerns in remote hearings, and the role of third- party funders – all with a view to upholding party autonomy and arbitral finality. • Institutional Confidence: Increased filings at MIAC and greater use of UNCITRAL-administered pro - ceedings demonstrate trust in Mauritius’s neutrality and procedural efficiency. Outlook Mauritius’s arbitration ecosystem is on a strong upward trajectory. With stable legislation, supportive case law on emergent issues, and MIAC’s growing prominence, the jurisdiction is well placed to meet the evolving needs of international commercial parties. Conclusion The developments of 2024 and early 2025 – embod - ied in landmark judgments and institutional enhance - ments – affirm Mauritius’s role as a leading arbitration centre in Africa. By embracing modern arbitration practices while preserving a clear, pro-enforcement judicial approach, Mauritius continues to offer parties a reliable, predictable and efficient forum for resolving cross-border disputes.
national subject to a limited application of the public policy exception, the application of the doctrine of separability in other matters than the dispute resolu - tion clause and judicial deference to arbitral decisions. Other Notable Case Law Supporting Enforcement (2024–2025) Super-Max Mauritius v Actis Consumer Grooming Products Ltd (2024 SCJ 44): The Supreme Court prevented a debtor from challenging recognition and enforcement on technical grounds when the debtor failed to raise jurisdictional objections promptly. The decision endorsed a “substance over form” approach and confirmed the limited scope for setting aside awards under public policy. Mauritius Courts’ Continuing Support for Mauritius remains fully compliant with the New York Convention and continues to apply the IAA in tan - dem with the Supreme Court (International Arbitra - tion Claims) Rules 2013, without amendment. MIAC’s expedited and emergency procedures have gained traction, especially in construction and energy sector arbitrations. International Arbitration Robust legal framework
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