MAURITIUS Law and Practice Contributed by: André Robert and Mushtaq Namdarkhan, BLC Robert & Associates
14. Outlook 14.1 Proposals for Dispute Resolution Reform Further to the amendments brought to the Courts Act in 2020 for the formalisation of a couple of divisions and the creation of new divisions of the Supreme Court, the Courts Act was again amended in 2021, to allow the pros- ecution and the defence appearing before the financial crimes division of the Supreme Court or the financial crimes division of the intermedi- ate court, to agree that an alleged fact or other evidence is not contested. In addition, the chief justice may, after consulta- tion with the rules committee and the judges, make rules with respect to the following matters: • for the electronic filing of documents and electronic service of process; • for the practice and procedure for mediation before any magistrate, judge or court; • for the adjournment of matters; • for alternative dispute resolutions before any magistrate, judge or court;
• time limits for judgment; • for the management of cases, including pre- trial case management; • for the award of any other costs in any pro- ceedings; and • generally, for any other matter essential to the proper administration of justice. The Judge in Chambers (Remote Hearing) Rules 2022 allow that, in proceedings before a judge in chambers, the judge (either of their own accord or at the request of a party) may decide to conduct a hearing remotely when the case is “in shape” (ie, when all affidavits have been exchanged). The Rules also set out the proce- dural requirements for conducting remote hear- ings. 14.2 Growth Areas The main areas of growth for commercial dis- putes are shareholder disputes, construction, trusts litigation and fraud involving financial insti- tutions resulting from impersonation of clients.
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