MAURITIUS Law and Practice Contributed by: André Robert and Mushtaq Namdarkhan, BLC Robert & Associates
merits) refer the case to the chief justice for the latter to constitute a panel of three desig- nated judges under the International Arbitra- tion Act (the designated judges will refer the parties to the arbitration unless the plaintiff shows, on a prima facie, basis, that there is a very strong probability that the arbitration agreement is null and void, inoperative or incapable of being performed). Adjudication of construction disputes is yet to be provided in legislation, but there is nothing pre- venting contracting parties from tailor-making their own dispute resolution procedure contrac- tually 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 Mau- ritius (MARC) and the Mauritius International Arbitration Centre (MIAC), are well organised and equipped with modern and internationally oriented rules and adequate physical infrastruc- ture. 13. Arbitration 13.1 Laws Regarding the Conduct of Arbitration Domestic arbitrations are governed by the Code of Civil Procedure. International arbitrations are governed by the International Arbitration Act (based on the UNCI- TRAL 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 (Interna-
tional Arbitration Claims) Rules 2013 (which con- tain procedural rules for applications before the Supreme Court relating to international arbitra- tion matters). 13.2 Subject Matters Not Referred to Arbitration It is commonly thought that matters relating to the following are not arbitrable: • bankruptcy and winding up; • taxation; • the capacity of persons; • 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 chal- lenged on one of the following 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 attorney-general if they consider that the enforcement of the award is against the public interest; • where there was no arbitration agreement or the arbitration agreement was null or no longer in force; • if the arbitral tribunal was irregularly constitut- ed or the sole arbitrator irregularly appointed; • if the arbitrator has decided the dispute oth- erwise than in accordance with the reference to them; • the principles of a fair hearing have not been respected; • the award fails to contain the contentions of the parties, their grounds in support of the contentions and reasons for the award;
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