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Jurisdiction
Mauritius
Arbitration Law:
The International Arbitration Act 2008 is based on the UNCITRAL Model Law. It is a modern piece of
legislation which updates the Model Law in accordance with current trends and practices, and it
contains enhancements such as the negative effect of the principle of compétence‐compétence.
Mauritius is a signatory to the New York Convention since 1996 and the full text of the convention is
implemented as is in national law by virtue of the Convention on the Recognition and Enforcement of
Foreign Arbitral Awards Act 2001.
Arbitration Institutions
1. The LCIA‐MIAC (established and operated under an agreement between the London Court of
International Arbitration and the Mauritius International Arbitration Centre Limited)
2. The Permanent Court of Arbitration (the PCA deals with specific issues such as appointment
of, challenges to or replacement of arbitrators under the International Arbitration Act)
Recent updates:
Legislation
Amendments have been brought to international arbitration laws in 2013. Highlights include further
clarification of the role of the court of the seat of arbitration, provisions for the designation of judges
specialised in international arbitrations, the possibility of holding private proceedings for the
maintenance of confidentiality in arbitration‐related applications before the Supreme Court, and
guaranteeing enforcement of foreign awards irrespective of reciprocity.
Supreme Court (International Arbitration Claims) Rules have also been passed with modern and
highly‐efficient procedural rules for arbitration‐related cases before the Supreme Court.
For more information, please see http://www1.gov.mu/scourt/home/welcome.do
Case Law
Barnwell Enterprises Ltd v ECP Africa FII Investments LLC [2013] SCJ 327
The Supreme Court, constituted of 3 designated arbitration judges, upheld the idea that even interim
measures should normally be applied for before the arbitration tribunal. It is only in exceptional
circumstances that the Supreme Court will entertain such applications. Even where there is urgency,
it will only act to the extent that the arbitration tribunal “has no power or is unable for the time
being to act”. It also confirmed that it will only act in support of arbitration and not to disrupt
arbitration proceedings. In this case, the measure was granted only for a short period in order to
maintain the status quo, thus giving the applicant just enough time to rapidly apply for the relief
sought to the arbitration tribunal itself.
For more information, please see http://www1.gov.mu/scourt/home/welcome.do