MAURITIUS Law and Practice Contributed by: André Robert and Ammar Oozeer, BLC Robert & Associates
uments) Rules 2012. Therefore, in practice, the costs recovered are far from the actual legal expenses of the winning party. Exceptions to that are: (i) applications made in international arbitration matters, whereby the Supreme Court (International Arbitration Claims) Rules 2013 may allow a winning party to recover close to its real costs on a standard basis or indemnity basis; and (ii) appeals before the Judicial Committee of the Privy Council. The quantum of costs is taxed by the master and reg- istrar, who would apply the relevant court rules and might also award reasonable out-of-pocket expenses to the winning party, such as the travel and accommo- dation costs of witnesses from overseas. The rulings of the master and registrar are rarely challenged, as the amount of costs awarded, especially in commer- cial disputes, is fairly low, although there may be some debate about the quantum of out-of-pocket expenses awarded (ie, whether they are reasonable). 11.2 Factors Considered When Awarding Costs The court exercises wide discretion when it comes to awarding costs. Some factors which will be consid- ered are: • the facts of the case; • the parties’ conduct during the proceedings; • the circumstances leading to the litigation; • the merits of the case; and • the nature and complexity of the case. 11.3 Interest Awarded on Costs Interest is not usually awarded on costs. 12. Alternative Dispute Resolution (ADR) 12.1 Views of ADR Within the Country Commercial parties are becoming more aware of the existence of alternative dispute resolution (ADR) mechanisms and are increasingly willing to try media- tion and arbitration instead of litigating in court. The main reasons are that ADR procedures are less time- consuming and can also be less costly. In the case of
mediation, business relationships can also be main- tained or mended. 12.2 ADR Within the Legal System Parties are, at any point in time, free to decide to medi- ate their disputes. There is, however, no compulsion to do so and no sanction for refusing to mediate. The Supreme Court (Mediation) Rules 2010 and the Intermediate Court (Mediation) Rules 2019 provide frameworks whereby parties can request that their dispute be referred to mediation before a mediation judge or a mediation magistrate, and to make binding and executory any agreement reached by the parties before the mediation judge or magistrate. Without compulsion, any party to a civil suit, action, cause or matter which is pending before the Supreme Court or the intermediate court may apply (with reasons) to the chief justice or to the president of the civil division of the intermediate court (as applicable) for the action to be referred for mediation. The Industrial Court Act also empowers a magistrate of that court to offer guidance and advice, and to use their best endeavours to secure a settlement between parties to an existing or likely dispute. Where a settle- ment is reached, it is signed by the magistrate and by the parties, and it has the same effect as a judgment of the court. Arbitration Agreements When the subject matter of a dispute is subject to an arbitration agreement: • In the case of a domestic arbitration, the court seized with the dispute will decline jurisdiction if the defendant objects to the jurisdiction of the court (but before having filed any defence on the merits of the case). • In the case of an international arbitration, when an action is brought before any court and a party (usu- ally the defendant) contends that the action is the subject of an arbitration agreement, that court will automatically refer the case to the chief justice for the latter to constitute a panel of three designated judges under the International Arbitration Act. Once the matter is referred to the panel of three designated judges, unless the plaintiff shows, on a
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