MAURITIUS Law and Practice Contributed by: Roobesh Ramanjooloo, Pritesh Ramsaha and Ingrid Lecordier-Marie Joseph, Juristconsult Chambers
ranted, and at least one of the following applies to the claimant: • the claimant is resident outside the jurisdiction; • the claimant is a company – whether incorporated in or outside Mauritius – and there is reason to believe it would be unable to pay the defendant’s costs if ordered to do so; or • the claimant has dealt with its assets in a manner that would make it difficult to enforce an order for costs against it. Where the court makes the order, it will fix the amount of security, direct the time within which and the man - ner in which it is to be provided, and specify the con - sequences of non-compliance. The same protection extends to the appellate stage: under Rule 30, security for costs may be ordered against an appellant (or a defendant who also appeals) where any of the three above conditions is met. 4.2 Variations in Approach to Enforcement of Arbitral Awards Mauritius differentiates between domestic arbitral awards and foreign arbitral awards when dealing with enforcement. As a result, the legal framework and the grounds that may be relied upon to resist enforcement vary depending on whether the award is domestic or foreign. 4.3 Categories of Arbitral Awards Not Enforced The following categories of arbitral awards will gener - ally not be enforced: • awards that are contrary to public order; • awards that determine issues relating to tax, secu - rities and competition law; • awards that relate to the winding-up of a company; and • awards that are not final. 4.4 Process of Enforcing Arbitral Awards Domestic Awards Recognition and enforcement of a domestic arbitral award is achieved through an order of exequatur, granted by the Supreme Court under Article 1026-8
of the Code de Procédure Civile . The application must be accompanied by a copy of the arbitration agree - ment and the original arbitral award. The Judge in Chambers is empowered to conduct only a summary examination of the award, directed at ensuring that the award is not tainted by any fun - damental defect and does not offend the public policy of Mauritius. The Judge in Chambers will refuse an exequatur where the award does not concern a matter that was properly in dispute, or is not in truth an arbitral award, or if the authenticity of the award is open to doubt. The grant of exequatur renders the award executory, subject to any challenge or appeal; once the award has become executory, the creditor may proceed to enforcement measures, including attachment. Foreign Awards In Mauritius, an application for the recognition and enforcement of a foreign arbitral award is made pursuant to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards Act 2001 (For - eign Awards Act) and the International Arbitration Act 2008 Rules. The application is initially submitted ex parte, without notice to the respondent, and a fee of MUR10,000 is levied. The application must include: • the motion paper and supporting evidence, com - prising the duly authenticated original award or a certified copy of it; • the original arbitration agreement or a duly certified copy of it; and • where neither the award nor the arbitration agree - ment was made in one of the official languages of Mauritius, a certified translation of the relevant document into English or French. The written evidence filed in support of an enforce - ment claim shall also: • exhibit the documents required by Article IV of the New York Convention; • state the name and the usual or last known place of residence or business of the applicant and of the
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