International Commercial Arbitration at Mauritius
Here’s a detailed overview of International Commercial Arbitration in Mauritius:
1. Legal Framework
Mauritius has a modern and comprehensive arbitration law that governs international commercial arbitration.
The International Arbitration Act 2008 (IAA), based on the UNCITRAL Model Law on International Commercial Arbitration (1985, amended 2006), is the primary statute.
The Act applies to both domestic and international arbitration and provides a supportive and flexible legal framework for arbitration proceedings.
2. International Conventions
Mauritius is a party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958), having acceded in 1998.
This facilitates the enforcement of foreign arbitral awards in Mauritius and Mauritian awards abroad.
3. Arbitration Institutions
Mauritius is developing as a regional arbitration hub, particularly for Africa and the Indian Ocean region.
Key institutions involved include:
Mauritius International Arbitration Centre (MIAC) — Established in 2011, it provides arbitration and mediation services under modern rules aligned with international standards.
MIAC is gaining recognition as a neutral venue for international disputes.
Parties may also choose international institutions such as:
International Chamber of Commerce (ICC)
London Court of International Arbitration (LCIA)
Singapore International Arbitration Centre (SIAC)
4. Seat of Arbitration
Mauritius is a popular seat of arbitration in the region due to:
The modern legal framework under the IAA.
Political stability and an independent judiciary.
English and French as official languages.
Strategic geographical location linking Africa and Asia.
5. Court Support and Intervention
Courts in Mauritius take a pro-arbitration stance and intervene minimally.
Court assistance is available for:
Appointment of arbitrators if parties fail to agree.
Granting interim relief.
Enforcement and setting aside of arbitral awards under the grounds stipulated in the IAA and New York Convention.
6. Enforcement of Awards
Mauritian courts enforce both domestic and foreign arbitral awards efficiently.
The enforcement procedure is straightforward and consistent with international arbitration best practices.
Awards can be challenged only on limited grounds like procedural irregularities or public policy concerns.
7. Practical Advantages
Mauritius offers a cost-effective and efficient arbitration venue compared to many Western centers.
The MIAC promotes the island as a gateway for arbitration in Africa and the Indian Ocean region.
Multilingual capacity (English/French) and a familiar legal system based on common law and civil law traditions.
Summary
Mauritius is an attractive and growing hub for international commercial arbitration, backed by:
A modern UNCITRAL-based arbitration law,
A supportive judiciary,
A local arbitration institution (MIAC),
Access to New York Convention enforcement,
Strategic location and infrastructure.
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