MAURITIUS Law and Practice Contributed by: André Robert and Ammar Oozeer, BLC Robert & Associates
prima facie basis, that there is a very strong prob- ability that the arbitration agreement is null and void, inoperative or incapable of being performed, the panel will refer the parties to arbitration. Adjudication of construction disputes is yet to be provided in legislation, but there is nothing prevent- ing contracting parties from tailor-making their own dispute resolution procedure contractually to provide for resolution by adjudication or expert determination. Expert determinations are not uncommon in valuation disputes. 12.3 ADR Institutions Institutions offering and promoting ADR, such as the Mediation and Arbitration Centre Mauritius (MARC) and the Mauritius International Arbitration Centre (MIAC), are well organised and equipped with mod- ern and internationally oriented rules and adequate physical infrastructure. 13. Arbitration 13.1 Laws Regarding the Conduct of Arbitration Domestic arbitrations are governed by the Code de Procédure Civile . International arbitrations are governed by the Interna- tional Arbitration Act 2008 (based on the UNCITRAL Model Law on International Commercial Arbitrations), the Convention for the Recognition and Enforcement of Foreign Arbitral Awards Act (which transposes the New York Convention into Mauritian law) and the Supreme Court (International Arbitration Claims) Rules 2013 (which contain procedural rules for applications before the Supreme Court relating to international arbitration matters). 13.2 Subject Matters Not Referred to Arbitration It is commonly thought that matters relating to the
• inheritance and succession; • divorce; • custody of children; and • criminal proceedings. 13.3 Circumstances to Challenge an Arbitral Award An award in a domestic arbitration may be challenged before the Supreme Court on one or more of the fol- lowing grounds: • by way of appeal on law or facts if the parties did not renounce their right of appeal in the arbitration agreement; • by the Ministère Public if they consider that the enforcement of the award is against the public interest; • where the arbitrator rendered the award in the absence of an arbitration agreement or the arbi- tration agreement was null or void or no longer in force; • if the arbitral tribunal was irregularly constituted or the sole arbitrator irregularly appointed; • if the arbitrator has decided the dispute otherwise than in accordance with the reference to them; • the principles of a fair hearing have not been respected; • if the award fails to contain the contentions of the parties, their grounds in support of the contentions and the reasons for the award; • if the award fails to mention the names of the arbi - trators and the date of the award; • if the award is not signed by all the arbitrators and fails to mention that fact; and/or • if the arbitrator has violated a rule of public order. An award in an international arbitration may be chal- lenged on one or more of the following grounds: • the party making the application furnishes proof that: (a) a party to the arbitration agreement was under some incapacity or the agreement is not valid under the law to which the parties have sub- jected it or, failing any indication thereon, under Mauritius law; or (b) it was not given proper notice of the appoint- ment of an arbitrator or of the arbitration pro-
following are not arbitrable: • bankruptcy and winding up; • taxation; • the capacity of persons;
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