MAURITIUS Law and Practice Contributed by: André Robert and Mushtaq Namdarkhan, BLC Robert & Associates
• the award fails to mention the names of the arbitrators and the date of the award; • the award is not signed by all the arbitrators or, if a minority of them refuses to sign, fails to mention that fact; and/or • the arbitrator has violated a rule of public order. An award in an international arbitration may be challenged on one of the following grounds: • The party making the application furnishes proof that: (a) a party to the arbitration agreement was under some incapacity or the agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under Mauritius law; or (b) it was not given proper notice of the ap- pointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present its case; or (c) the award deals with a dispute not contemplated by, or not falling within the terms of, the submission to arbitration, or contains a decision on a matter beyond the scope of submission to arbitration; or (d) the composition of the arbitral tribunal or the arbitral procedure was not in accord- ance with the agreement of the parties or, failing such agreement, was not in ac- cordance with the International Arbitration Act. • 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 affected by fraud or corruption; or
(d) a breach of the rules of natural justice occurred during the arbitral proceedings or in connection with the making of the award, by which the rights of any party have been, or will be, substantially preju- diced. 13.4 Procedure for Enforcing Domestic In respect of a domestic arbitration award, an application for exequatur of the award is made before the judge in chambers. Once the exequa- tur is granted, execution measures (such as sei- zures, attachment or winding up) can be taken in order to enforce the award. Foreign Arbitration Award and Foreign Arbitration Domestic Arbitration Award In respect of a foreign arbitration 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 ser- vice (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 registration 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 unsuc- cessful in such an application, the award may be enforced in the same manner as a judgment of the court.
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