Region: Mauritius

Privy Council rejects appeal over “hybrid” clause

The UK Privy Council has upheld an award issued by Bird & Bird partner Jalal El Ahdab at a Mauritian arbitral institution, rejecting arguments the case should have been heard under ICC rules pursuant to a “hybrid” arbitration clause.

15 December 2021

Mauritian Supreme Court upholds ICC award

The Supreme Court of Mauritius has issued an important judgment on the New York Convention, upholding the enforcement of an ICC award of more than US$1.5 billion won by ArcelorMittal despite arguments by Essar Steel that it was denied a fair opportunity to be heard.

03 August 2021

Dual national fails to revive Mauritius claim

A Belgian court has ruled that an UNCITRAL tribunal was right to decline jurisdiction over a French-Mauritian businessman’s US$1 billion treaty claim against Mauritius based on his dual nationality.

05 July 2021

Privy Council reinstates award against Mauritian state entity

The Privy Council in London has reinstated a US$120 million SIAC award against a Mauritian state-owned company, ruling that the island nation’s courts were not entitled to review an arbitrator’s finding that the underlying contract was not illegal.

14 June 2021

Mauritius boundary claim against Maldives to proceed

A UN court in Hamburg has ruled that it can hear a claim by Mauritius against the Maldives regarding their maritime boundary in the Indian Ocean – finding that Mauritius’ sovereignty over the Chagos Archipelago could be “inferred” despite the UK’s refusal to hand back the territory.

29 January 2021

Mauritius – the positive effect of negative effect

Emmanuel Gaillard highlighted the many positives of Mauritius's international arbitration offering in a speech in Port Louis – particularly praising the country's recognition of the negative effect of competence-competence, which he said puts it in the league of leading jurisdictions like France, Singapore and Switzerland.

30 September 2020

Mauritius International Arbitration Centre (MIAC)

24 January 2020

Mauritius defeats treaty claim over DNA lab

An UNCITRAL tribunal has rejected a US$12 million claim brought by two French investors against Mauritius over failed plans to establish a laboratory for DNA analysis – after finding that the state’s consent to arbitrate could not be imported from another treaty via a most-favoured nation clause.

16 September 2019

MIAC Arbitration Centre

04 January 2019

Interim measures in Mauritius case denied – for now

A tribunal has declined cross-applications for interim measures by a French-Mauritian businessman bringing the first ever treaty claim against Mauritius and the state itself – but left the door open for both parties to reapply at a later stage.

13 January 2017

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