MAURITIUS Law and Practice Contributed by: Roobesh Ramanjooloo, Pritesh Ramsaha and Ingrid Lecordier-Marie Joseph, Juristconsult Chambers
Duration The duration of enforcing an arbitral award will depend on whether or not the application is opposed. Usually, enforcements take between six and 18 months. 4.6 Challenging Enforcement of Arbitral Awards Domestic Awards Under the Civil Procedure Code, an arbitral award rendered in a domestic arbitration may be challenged through the following three principal avenues, the availability of which depends on what the parties agreed in their arbitration agreement: • tierce opposition (third-party opposition); • appeal; and • an action for annulment. Tierce opposition (third-party opposition) An award may be challenged by way of tierce opposi - tion before the court that would have had jurisdiction over the dispute in the absence of arbitration. Appeal An award is open to appeal unless the parties have renounced that right in their arbitration agreement. Where appeal is available, it is the sole avenue of recourse, whether the party seeks to have the award Where the parties have renounced the right of appeal (or not expressly reserved it), an action for annulment may nonetheless be brought, notwithstanding any stipulation to the contrary. This action is available only on the following grounds: • the arbitrator ruled without an arbitration agree - ment, or on an agreement that was null or had expired; • the arbitral tribunal was irregularly constituted, or the sole arbitrator was irregularly appointed; • the arbitrator failed to rule in conformity with the mission conferred on him or her; • the adversarial principle was not respected; or • the arbitrator violated a rule of public order. reformed or annulled. Action for annulment
person against whom it is sought to enforce the award; • state either: (a) that the award has not been complied with; or (b) the extent to which it has not been complied with at the date of the application; and • attach a proposed draft order granting recognition of the award and, where appropriate, authorising the enforcement of the award in the same manner as a judgment of the court and containing a state - ment of: (a) the right to make an application to set the order aside; and (b) the restrictions on enforcement. Upon receipt of an enforcement claim, the Chief Jus - tice examines whether the requirements of the Inter - national Arbitration Act Rules have been satisfied. Where the application is compliant, the Chief Justice may issue a provisional order recognising the arbitral award or authorise the enforcement of the award in the same manner as a judgment of the court. The order may be granted in the terms requested by the applicant or in such amended terms as are necessary. Within 14 calendar days of receiving the provisional order, the applicant must serve the enforcement claim motion, the notice of motion, the written evidence and the provisional order itself on every party to the enforcement claim. 4.5 Costs and Time Taken to Enforce Arbitral Awards Costs The costs for the enforcement of domestic awards may vary between USD4,000 and USD9,000. The bulk of costs borne by parties for the enforcement of international awards would be made up of counsel and attorney fees. Fees can range between USD2,000 and USD6,000 for lower value claims, but should be expected to be much higher for higher value claims (up to USD20,000–25,000). Time Limit The application for enforcement has to be lodged with the Supreme Court within 12 months from the date of the judgment.
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