MAURITIUS Law and Practice Contributed by: André Robert, Ammar Oozeer and Deephallee Harnaran, BLC Robert & Associates
in the interests of justice, direct that the sums payable pursuant to the award be held in an escrow account pending the determination of the appeal and that it only be removed after the disposal of the appeal.
the arbitral tribunal may, subject to the IAA, conduct the arbitration in such manner as it considers appro - priate, and determine all the procedural and evidential matters (Section 24 (2) and (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. While the foregoing only applies to parties to the arbitration, 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 may have had when concluding their arbitration 9. Confidentiality 9.1 Extent of Confidentiality
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,
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