MAURITIUS Law and Practice Contributed by: André Robert and Ammar Oozeer, BLC Robert & Associates
Foreign Arbitral Award In respect of a foreign arbitral award (which includes an award in an international arbitration where the seat was Mauritius), an application is made before the chief justice for provisional registration of the award. The application and provisional order must then be served on the respondent and the latter has 14 days from service (or such longer period as the chief justice may order if the respondent has to be served outside the jurisdiction) to apply to set aside the provisional reg- istration on one or more grounds set out in the New York Convention. If the respondent fails to make an application to set aside the provisional registration or is unsuccessful in such application, the award may be enforced in the same manner as a judgment of the court. 14. Outlook 14.1 Proposals for Dispute Resolution Reform Following the announcement of the new government in their Government Programme 2025–2029 in Janu- ary 2025, for the creation of a Court of Appeal to hear appeals from the Supreme Court and arbitral tribunals, the Court of Civil Appeal Act (Act No 21 of 2025) was passed by the National Assembly on 7 October 2025, but is however not yet in force. 14.2 Growth Areas The main areas of growth for commercial disputes are shareholder disputes, construction, trusts litiga- tion and fraud involving financial institutions.
ceedings or was otherwise unable to present its case; or (c) the award deals with a dispute not contem- plated by, or not falling within the terms of, the submission to arbitration, or contains a deci- sion on a matter beyond the scope of submis- sion to arbitration; or (d) the composition of the arbitral tribunal or the arbitration procedure was not in accordance with the agreement of the parties or, failing such agreement, was not in accordance with the International Arbitration Act; and/or • the court finds that: (a) the subject matter of the dispute cannot be settled by arbitration under Mauritius law; or (b) the award is in conflict with the public policy of Mauritius; or (c) the making of the award was induced or af- fected by fraud or corruption; or (d) a breach of the rules of natural justice occurred during the arbitration proceedings or in con- nection with the making of the award, by which the rights of any party have been, or will be, substantially prejudiced. 13.4 Procedure for Enforcing Domestic and Foreign Arbitration Domestic Arbitral Award In respect of a domestic arbitral award, an application for exequatur of the award is made before the judge in chambers. Once the exequatur is granted, execution measures (such as seizure, attachment or winding up) can be taken in order to enforce the award.
700 CHAMBERS.COM
Powered by FlippingBook