Mauritian International Arbitration Act
The Mauritian International Arbitration Act 2008 entrusts the Secretary-General of the PCA with certain powers to appoint arbitrators and to take other measures relating to the arbitral proceedings as provided in Parts III and V of the Act.
For the procedure for requests to the Secretary-General under the Act, see below.
Such requests may be made for the following measures under the Act:
Constitution of the tribunal
• Appointment of arbitrators: in cases in which there are to be three arbitrators and the parties have not agreed on an appointment procedure and the respondent does not proceed within the prescribed period of time with the appointment of the arbitrator that the respondent is entitled to appoint or the two party-appointed arbitrators do not agree on the choice of the presiding arbitrator within the prescribed period of time (section 12(3)(a)(ii));
• Appointment of sole arbitrator: in cases in which there is to be a sole arbitrator and the parties have not agreed on an appointment procedure, and have not reached agreement on the choice of that arbitrator within the prescribed period of time (section 12(3)(b));
• Any necessary measures: in cases in which the parties have agreed on a procedure for the appointment of the tribunal and, under that procedure, a party fails to act (section 12(4)(a)), or the parties, or any arbitrators already appointed, are unable to reach an agreement expected of them (section 12(4)(b)), or a third party, including an arbitral institution, fails to perform any function entrusted to it under the appointment procedure agreed upon by the parties (section 12(4)(c));
• Any necessary measures: in the event of any other failure to constitute the arbitral tribunal, unless the agreement on the appointment procedure provides other means for resolving such failure (section 12(5)).
Arbitrator challenge and termination of mandate
• Decisions on challenge: in the event a challenge to an arbitrator made under any procedure agreed by the parties or under the procedure set out in section 14(2) is not successful (section 14(3));
• Decision on termination of mandate: in the event of controversy concerning the failure or inability of an arbitrator to act without undue delay (section 15(2));
• Decision on replacement of arbitrator or authorization of truncated tribunal: in cases in which a party or the other members of the arbitral tribunal consider that an arbitrator has resigned for improper reasons or refuses or fails to act without undue delay (section 16(2)).
Fees and expenses of arbitrators
• Adjustment of arbitrators’ fees and expenses: on application by a party, if no other procedure for scrutiny of fees and expenses has been agreed by the parties (section 18(2)).
Conduct of the arbitral proceedings
• Extension of time limits that have been agreed by the parties in relation to the arbitration proceedings or are specified in the Act, where the PCA is satisfied that any other available recourse has first been exhausted and a substantial injustice would otherwise occur (section 30(1)).
Decisions of the Secretary-General under the Mauritian International Arbitration Act 2008 are final and are not subject to appeal or review, subject only to the right of recourse under section 39 of the Act against awards rendered in the arbitral proceedings (section 19(5)).
Procedure for Requests under the Mauritian International Arbitration Act 2008
Requests under the Mauritian International Arbitration Act 2008 should be directed to the Secretary-General care of the PCA Mauritius Office at the following address:
PCA Mauritius Office
Level 1, Coaster Shed A
Port Louis Waterfront
Port Louis 11320
Republic of Mauritius
Tel.: +230 260 2461
Fax: +230 214 3718
E-mail: [email protected]
The request should be accompanied by:
1. A copy of the arbitration clause, agreement or decision by the arbitral tribunal in relation to the seat of the arbitration establishing the applicability of the Mauritian International Arbitration Act 2008;
2. An indication of the section of the Mauritian International Arbitration Act 2008 under which the request is being made and of the measure requested;
3. A copy of the Notice of Arbitration or equivalent document commencing the arbitration served upon the respondent, as well as an indication of the date of such service;
4. An indication of the names and nationalities of the parties;
5. An indication of the names and nationalities of the arbitrators already appointed, if any;
6. In the event of a request relating to the constitution of the tribunal, an indication of the names of any institutions or persons that the parties had considered selecting as appointing authority but which have been rejected, or, as the case may be, the names of any persons that the parties had considered selecting as arbitrators but who have been rejected;
7. In the event of a request to decide a challenge to an arbitrator pursuant to section 14(3) of the Act, a copy of the statement of the reasons for the challenge that has been submitted to the arbitral tribunal, of any comments that may have been submitted to the arbitral tribunal by the opposing party, and of the arbitral tribunal’s decision on the challenge; and
8. A power of attorney evidencing the authority of the person making the request.
Following receipt of the request, the PCA may seek additional documentation as it deems necessary to act on the request.
For the time being, no fee is payable to the PCA for the consideration by the Secretary-General of requests under the Mauritian International Arbitration Act 2008.