Arbitration in Mauritius

Mauritius has emerged in recent decades as a strong and cohesive democratic polity and an ever diversifying open economy characterised by rapid and sustainable growth. It has now embarked on the process of establishing itself as an international and regional arbitral jurisdiction of choice, building on sound foundations, a new and innovative statutory framework for international arbitration, and a unique institutional set-up.

The Foundations

A multi-cultural and multi-lingual country ideally situated at the cross-roads of Africa and Asia and having historical ties with Europe, endowed with both political and economic stability, and equipped with a hybrid legal system that is firmly based upon the rule of law and fluidly amalgamates common law and civil law heritage, Mauritius is not only the obvious conduit for investments and business transactions into and within the wider region but also an ideal environment for the resolution of international disputes.

Unsurprisingly, arbitration is already a prominent part of the fabric of the Mauritian legal system. Ever since the arbitration regime contained in the Mauritian Code de procédure civile was reformed comprehensively on the basis of the French model in 1981, domestic arbitration has played an important role in the commercial arena, particularly in the flourishing construction industry. The Mauritian courts are thus well-versed in dealing with arbitration-related matters and have consistently exhibited a robustly pro-arbitration attitude. The very successful recent introduction of a modern system of court-annexed mediation in civil and commercial cases further evinces the critical function performed by all forms of extra-judicial dispute resolution in the country and the facility with which these are integrated into the Mauritian legal system.

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