First Schedule (Section 3B)
Optional supplementary provisions for international arbitrations
1.Determination of preliminary point of Mauritius law by Court(1)Notwithstanding section 2A of the Act, on an application to the Supreme Court by any party—(a)with the consent of the arbitral tribunal; or(b)with the consent of every other party,the Court shall have jurisdiction to determine any question of Mauritius law arising in the course of the arbitration.(1)Notwithstanding section 2A and 39 of the Act, any party may appeal to the Supreme Court on any question of Mauritius law arising out of an award with the leave of the Court—(a)might produce substantial savings in costs to the parties; and(b)might, having regard to all the circumstances, substantially affect the rights of one or more of the parties.(2)The Court shall not entertain an application under subparagraph (1) (a) with respect to any question of Mauritius law unless it is satisfied that the determination of the question of law concerned—(a)might produce substantial savings in costs to the parties; and(b)might, having regard to all the circumstances, substantially affect the rights of one or more of the parties.(3)For the purposes of this paragraph, "question of Mauritius law"—(a)includes an error of law that involves an incorrect interpretation of the applicable law (whether or not the error appears on the record of the decision); but(b)does not include any question as to whether—(i)the award or any part of the award was supported by any evidence or any sufficient or substantial evidence; or(ii)the arbitral tribunal drew the correct factual inferences from the relevant primary facts.2.Appeals on questions of Mauritius law(1)Notwithstanding sections 2A and 39 of the Act, any party may appeal to the Supreme Court on any question of Mauritius law arising out of an award with the leave of the Court.(2)The Court shall not grant leave under subparagraph (1) unless it considers that, having regard to all the circumstances, the determination of the question of Mauritius law concerned could substantially affect the rights of one or more of the parties.(3)The Court may grant leave under subparagraph (1) on such conditions as it thinks fit.(4)On the determination of an appeal under this paragraph, the Court may, by order—(a)confirm, vary, or set aside the award; or(b)remit the award, together with the Court's opinion on the question of Mauritius law which was the subject of the appeal, to the arbitral tribunal for reconsideration or, where a new arbitral tribunal has been appointed, to that arbitral tribunal for consideration,and, where the award is remitted under subparagraph (b), the arbitral tribunal shall, unless the order otherwise directs, make the award not later than 3 months after the date of the order.(5)Where the award of an arbitral tribunal is varied on an appeal under this paragraph, the award as varied shall have effect (except for the purposes of this paragraph) as if it were the award of the arbitral tribunal; and the party relying on the award or applying for its enforcement in Mauritius pursuant to section 40 of the Act shall supply the duly authenticated original order of the Court varying the award or a duly certified copy thereof.(6)Section 39 (5) and (6) of the Act shall apply to an appeal under this paragraph as they apply to an application for the setting aside of an award under that section.(7)For the purposes of the New York Convention as applicable in Mauritius—(a)an appeal under this paragraph shall be treated as an application for the setting aside of an award; and(b)an award which has been remitted by the Court under subparagraph (4) (b) to the original or a new arbitral tribunal shall be treated as an award which has been suspended.(8)For the purposes of this paragraph, "question of Mauritius law"—(a)includes an error of law that involves an incorrect interpretation of the applicable law (whether or not the error appears on the record of the decision); but(b)does not include any question as to whether—(i)the award or any part of the award was supported by any evidence or any sufficient or substantial evidence; or(ii)the arbitral tribunal drew the correct factual inferences from the relevant primary facts.3.Consolidation of arbitral proceedings(1)Where 2 or more arbitral proceedings have the same arbitral tribunal appointed in respect of each of the arbitral proceedings the arbitral tribunal may, on the application of at least one party in each of the arbitral proceedings, order—(a)those proceedings to be consolidated on such terms as the arbitral tribunal thinks just;(b)those proceedings to be heard at the same time, or one immediately after the other; or(c)any of those arbitral proceedings to be stayed on such terms as it considers appropriate.(2)Where an application has been made to the arbitral tribunal under subparagraph (1) and the arbitral tribunal refuses or fails to make an order under that subparagraph, the Supreme Court may, on application by a party in any of the proceedings, make any such order as could have been made by the arbitral tribunal.(3)Where 2 or more arbitral proceedings do not have the same arbitral tribunal appointed in respect of each of the arbitral proceedings but each arbitral proceeding is subject to this Act—(a)the arbitral tribunal of any one of the arbitral proceedings may, on the application of a party in the proceedings, provisionally order—(i)the arbitral proceedings to be consolidated with other arbitral proceedings on such terms as the arbitral tribunal thinks just;(ii)the arbitral proceedings to be heard at the same time as other arbitral proceedings, or one immediately after the other; or(iii)any of those arbitral proceedings to be stayed until after the determination of any other of them;(b)an order shall cease to be provisional where consistent provisional orders have been made for all of the arbitral proceedings concerned;(c)the arbitral tribunals may communicate with each other for the purpose of conferring on the desirability of making orders under this subparagraph and of deciding on the terms of any such order;(d)if a provisional order is made for at least one of the arbitral proceedings concerned, but the arbitral tribunal for another of the proceedings refuses or fails to make such an order (having received an application from a party to make such an order), the Supreme Court may, on application by a party in any of the proceedings, make an order or orders that could have been made under this subparagraph;(e)if inconsistent provisional orders are made for the arbitral proceedings, the Supreme Court may, on application by a party in any of the proceedings, alter the orders to make them consistent.(4)Where arbitral proceedings are to be consolidated under subparagraph (3), the arbitral tribunal for the consolidated proceedings shall be that agreed on for the purpose by all the parties to the individual proceedings, but, failing such an agreement, the PCA shall appoint an arbitral tribunal for the consolidated proceedings.(5)An order or a provisional order may not be made under this paragraph unless it appears—(a)that some common question of law or fact arises in all of the arbitral proceedings;(b)that the rights to relief claimed in all of the proceedings are in respect of, or arise out of, the same transaction or series of transactions; or(c)that for some other reason it is desirable to make the order or provisional order.(6)Any proceedings before an arbitral tribunal for the purposes of this paragraph shall be treated as part of the arbitral proceedings concerned.(7)Arbitral proceedings may be commenced or continued, although an application to consolidate them is pending under subparagraphs (1) to (3) and although a provisional order has been made in relation to them under subparagraph (3).(8)Subparagraphs (1) and (3) shall apply in relation to arbitral proceedings, whether or not all or any of the parties are common to some or all of the proceedings, provided that each of the parties to each of the arbitral proceedings in respect of which consolidation is sought have by way of arbitration agreement (as defined in this Act) consented to consolidation pursuant to subparagraphs (1) to (2).(9)Nothing in this paragraph shall prevent the parties to 2 or more arbitral proceedings from agreeing to consolidate those proceedings and taking such steps as are necessary to effect that consolidation.4.JoinderOn the application of any party to the arbitration, the Supreme Court may in the exercise of its discretion determine that one or more third persons should be joined in the arbitration as a party, provided any such third person and the applicant party have consented thereto in writing.Second Schedule (Section 3D)
Model arbitration provisions for GBL companies
1.Shareholders in a Mauritius GBL company ("the Company") may incorporate an arbitration clause in the constitution of the Company, as provided in section 3D of the Act, by a unanimous resolution of shareholders in the following form—The shareholders of the Company hereby agree that the constitution of the Company shall be amended by the inclusion of the arbitration clause set out in the Second Schedule to the International Arbitration Act (referred to as the Act). The chosen arbitral institution is [name of institution]. The number of arbitrators shall be [1 or 3].2.The effect of the resolution referred to in paragraph 1 shall be the incorporation in the constitution of the Company of the following arbitration clause—(1)Any dispute, controversy or claim arising out of this constitution or the breach, termination or invalidity thereof shall be settled by international arbitration under the International Arbitration Act (referred to as the Act).(2)The provisions of the First Schedule to the Act shall apply to the arbitration.(3)The arbitration shall be conducted pursuant to the Rules of [name of institution]. Where no institution is chosen, the arbitration shall be conducted pursuant to the rules set out in the Act.(4)The number of arbitrators shall be [1 or 3]. Where no option is chosen, the default rules set out in the Act shall apply.(5)The juridical seat of arbitration shall be Mauritius.(6)The language to be used in the arbitral proceedings shall be the English language.(7)Any dispute, controversy or claim shall be kept confidential and any proceedings before the Supreme Court in relation thereto shall, with the agreement of all parties, be heard in private.Third Schedule (Section 2B)
Table of corresponding provisions between this Act and the Amended Model Law
Part I – Preliminary
Section of this Act | Article of the Amended Model Law |
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Section 2 (1), (3), (4) and (5) | Articles 1(3), 1(4) and 2 |
Section 2 (2) | Article 3 |
Section 2A (Extent of Court intervention) | Article 5 |
Section 2B (International origin and general principles) | Article 2A |
Section 2C (Disconnection of international arbitration from domestic arbitration and regime) | |
Section 2D (Waiver of right to object) | Article 4 |
Part IA – Scope of application
Section of this Act | Article of the Amended Model Law |
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Section 3 (Temporal application) | |
Section 3A (Material application) | Articles 1(1) and 1(2) |
Section 3B (Application of First Schedule) | |
Section 3C (Determination of threshold issues) | |
Section 3D (Arbitration clause in constitution of a GBL company) | |
Section 3E (Miscellaneous provisions on scope of application) | |
Part II – Initiation of proceedings
Section of this Act | Article of the Amended Model Law |
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Section 4 (Arbitration agreement) | Article 7 |
Section 5 (Substantive claim before Court) | Article 8 |
Section 6 (Compatibility of interim measures) | Article 9 |
Section 7 (Death or bankruptcy or winding up of party) | |
Section 8 (Consumer arbitration agreement) | |
Section 9 (Commencement of proceedings) | Article 21 |
Section 10 (Juridical seat) | Article 20 |
Part III – The arbitral tribunal
Section of this Act | Article of the Amended Model Law |
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Section 11 (Number of arbitrators) | Article 10 |
Section 12 (Appointment of arbitrators) | Article 11 |
Section 13 (Grounds for challenge of arbitrator) | Article 12 |
Section 14 (Procedure for challenge of arbitrator) | Article 13 |
Section 15 (Failure or inability to act) | Article 14 |
Section 16 (Replacement of arbitrator) | Article 15 |
Section 17 (Hearing following replacement of arbitrator) | |
Section 18 (Fees and expenses of arbitrators) | |
Section 19 (Protection from liability and finality of decisions) | |
Section 20 (Competence as to jurisdiction) | Article 16 |
Part IV – Intern measures by tribunal
Section of this Act | Article of the Amended Model Law |
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Section 21 (Interim measures by Tribunal) | Articles 17 - 17G |
Section 22 (Recognition and enforcement of interim measures) | Articles 17H - 17I |
Section 23 (Powers of Supreme Court to issue interim measures) | Article 17J |
Part V – Conduct of arbitral proceedings
Section of this Act | Article of the Amended Model Law |
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Section 24 (Duties and powers of Tribunal) | Articles 18, 19 and 22 |
Section 25 (Statements of claim and defence) | Article 23 |
Section 26 (Hearing) | Article 24 |
Section 27 (Default of party) | Article 25 |
Section 28 (Appointment of expert) | Article 26 |
Section 29 (Court assistance in taking evidence) | Article 27 |
Section 30 (Power of PCA to extend time limits) | |
Section 31 (Representation) | |
Part VI – The award
Section of this Act | Article of the Amended Model Law |
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Section 32 (Rules applicable to substance of dispute) | Article 28 |
Section 33 (Remedies and costs) | |
Section 34 (Decision making by panel of arbitrators) | Article 29 |
Section 35 (Settlement) | Article 30 |
Section 36 (Form and contents of award) | Article 31 |
Section 37 (Termination of proceedings) | Article 32 |
Section 38 (Correction, interpretation and additional award) | Article 33 |
Section 39 (Exclusive recourse against award) | Article 34 |
Section 39A (Order setting aside arbitral award) | |
Section 40 (Recognition and enforcement) | Articles 35 and 36 |
Part VII – Miscellaneous
Section of this Act | Article of the Amended Model Law |
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Section 41 (Limitation and prescription) | |
Section 42 (Constitution of Supreme Court and appeal) | Article 6 |
Section 43 (Designated Judge) | |
Section 44 (Appeal to Judicial Committee) | |
Section 45 (Witness statements) | |