Website : www.miac.mu
The Mauritius International Arbitration Centre (MIAC) brings high-quality dispute resolution services to the international community.
The MIAC secretariat administers cases under the MIAC Arbitration Rules (discussed in detail below), the UNCITRAL Arbitration Rules or other rules of procedure. MIAC also provides administrative support in other forms of alternative dispute resolution, including mediation and conciliation.
From its establishment in 2011, until 2018, MIAC operated as part of a joint venture with the London Court of International Arbitration (LCIA-MIAC Arbitration Centre). Since 27 July 2018, MIAC has operated as an independent arbitration centre. MIAC has been tasked with the administration of all arbitrations under LCIA-MIAC arbitration clauses concluded after 31 August 2018.
MIAC functions within a three-tier structure comprised of an advisory board, a board of directors and a secretariat.
- The MIAC advisory board provides advice to the secretariat, supporting the institution’s adherence to accepted international standards. The advisory board is chaired by Professor Emmanuel Gaillard.
- The MIAC board of directors shapes the policy of the organisation, provides general guidance on the work of MIAC, and supervises its administration, budget, and expenditure. It is not involved in case management.
- The secretariat consists of an experienced team of legal and administrative staff that is responsible for the day-to-day administration of disputes referred to MIAC.
MIAC benefits from the full support of the government of Mauritius. This is part of the government’s overall policy of developing Mauritius as a state-of-the-art international arbitral seat. MIAC is operationally independent from the government, and strict principles of non-interference by the government in the administration of MIAC cases are enshrined in MIAC’s constitution.
The MIAC secretariat
The secretariat is led by co-registrars Ms Ashwita Ambast and Ms Susan Kimani. Over the past three years, Ms Ambast and Ms Kimani have administered around 30 international arbitrations involving various combinations of states, state entities, international organisations and private parties, including arbitration proceedings under investment laws. They have also assisted appointing authorities with the constitution of tribunals and challenges, under the UNCITRAL Arbitration Rules and other procedural rules.
Ms Ambast obtained an LLM degree, as a Goldman scholar, from Yale Law School, and a BA and an LLB with honours from the National Law School of India University, Bangalore, where she graduated as a gold medallist. Ashwita has worked in the international arbitration team of a prominent law firm in London.
Ms Kimani obtained an LLM degree, with distinction, from the University of Cape Town, South Africa, and an LLB degree from the University of Nairobi, Kenya. Ms Kimani has previously worked with the International Council for Commercial Arbitration and the law firm of Marende & Nyaundi Advocates.
Ms Ambast and Ms Kimani are also legal counsel at the Permanent Court of Arbitration (PCA) in The Hague, the Netherlands.
The MIAC Arbitration Rules 2018
MIAC has adopted a modern set of arbitration rules, the MIAC Arbitration Rules, effective 27 July 2018. The MIAC Arbitration Rules are based on the tried and tested 2010 UNCITRAL Arbitration Rules. MIAC has published model arbitration clauses for contracts as well as for existing disputes that are available on its website (www.miac.mu).
The secretary-general of the PCA is the appointing authority under the MIAC Arbitration Rules. As appointing authority, the PCA secretary-general has a role to play in the facilitation of the composition of the arbitral tribunal, in challenges to arbitrators, and in the determination of the fees and expenses of the arbitrators.