MAURITIUS Law and Practice Contributed by: André Robert and Ammar Oozeer, BLC Robert & Associates
without the parties formally ratifying it. The agreement then has the same effect as a judgment, with the fol- lowing consequences: • any breach of the agreement would be a contempt of court; and • if there is a breach of the agreement, the innocent party can proceed directly to execute the agree- ment against the assets of the defaulting party without needing to initiate fresh proceedings for breach of contract. There is also a mediation division of the Supreme Court where any agreement reached between the parties must be set down in writing and signed by the parties and the mediation judge for it to be valid. 8.2 Settlement of Lawsuits and Confidentiality The parties can elect that the agreement remains con- fidential, and agreements reached before a mediation judge are confidential. A carve-out from the confiden- tiality obligation is usually included and exists to allow disclosure to a trial court which may have to deal with a breach of agreement or a contempt-of-court com- plaint. 8.3 Enforcement of Settlement Agreements If a settlement agreement is not made a judgment of the court, the innocent party would need to initiate a fresh action against the defaulting party for breach of contract. If the settlement agreement has been made a judg- ment of the court, it can be enforced using the usual execution methods against the assets of the judg- ment debtor and/or the judgment creditor may initiate contempt-of-court proceedings against the judgment debtor. 8.4 Setting Aside Settlement Agreements The settlement agreement can be set aside on the same grounds as any other contract, namely: • if the agreement was concluded under physical or economic duress; • if the agreement was concluded on the basis of intentional misrepresentation (which may include intentional concealment of material acts); or
• if the agreement was concluded on the basis of a mistake. A party may then initiate court proceedings within five years to set aside the agreement. In cases of duress, the five-year time limit begins when the duress has ceased, and in cases of misrepresentation it begins when the misrepresentation became known. If the settlement agreement is reached by way of a “transaction” under the Code Civil Mauricien , there are special provisions for such agreements to be set aside. 9. Damages and Judgment 9.1 Awards Available to the Successful Litigant The awards or remedies that are usually available to a successful litigant are as follows: • payment of a sum of money or damages; • interest on the judgment debt; • declarations of the existence of certain facts; There are no punitive damages provided for in Mau- ritian law. The courts would seek to provide full compensation ( réparation intégrale ) to a plaintiff for prejudice suffered. In breach of contract claims, the measure of damages is foreseeable loss unless the breach is intentional or grossly negligent, in which case, the measure is all the damages that are a direct and certain consequence of the breach. In tort cases, the plaintiff is entitled to recover damages represent- ing the direct and certain consequences of the tort caused by the fault or negligence of the defendant. 9.3 Pre-Judgment and Post-Judgment Interest In cases involving the payment of a sum of money, interest may, according to the provisions of the Code Civil Mauricien , run as from the date on which a request • prohibitory injunctions; • mandatory injunctions; • specific performance; and • costs. 9.2 Rules Regarding Damages
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