MAURITIUS Law and Practice Contributed by: André Robert and Mushtaq Namdarkhan, BLC Robert & Associates
12.2 ADR Within the Legal System Parties are, at any point in time, free to decide to mediate their disputes. There is, however, no compulsion to do so and no sanction for refus- ing 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 agree- ment reached by the parties before the media- tion 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 mag- istrate 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 settlement 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 juris- diction if the defendant objects to the jurisdic- tion of the court (but before having filed any defence on the merits of the case); and • in the case of an international arbitration, the court seized will on application of the defend- ant (before having filed a defence on the
and (ii) appeals before the Judicial Committee of the Privy Council. The quantum of costs is taxed by the master and registrar, 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 accommodation costs of witness- es from overseas. The rulings of the master and registrar are rarely challenged, as the amount of costs award, especially in commercial 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 generally awards costs to the winning party. The quantum is then taxed by the mas- ter and registrar who awards the relatively low amounts prescribed in the relevant court rules and reasonable out-of-pocket expenses. 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 mediation and arbitration instead of litigat- ing in court. The main reasons are that ADR pro- cedures are less time-consuming and can also be less costly. In the case of mediation, business relationships can also be maintained or mended.
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