This index compares the strength of countries’ arbitration regimes by examining the laws and regulations governing domestic and international arbitrations, as well as the countries’ adherence to specific international conventions.

Question	Answer
* Does your national law recognize arbitration as a means of dispute resolution between private parties in commercial transactions?	Yes
* Has your country enacted a specific statute on commercial arbitration?	Yes
Please list the relevant laws and the years of their adoption	International Arbitration Act of 2008
* Please indicate the Web site(s) where the statute(s) can be consulted	http://supremecourt.intnet.mu http://www.gov.mu
Is the statute based on UNCITRAL?	Yes
Comment	N/A
Are there other codes, statutes or legislative provisions governing commercial arbitration in your country?	Yes
Please list the relevant laws and the years of their adoption	Code of Civil Procedure; Arbitration Protocol (Clauses) Act of 1931; Foreign Arbitration (Awards) Act of 1931. Please note that the International Arbitration Act does not apply to dome ...morestic arbitration in Mauritius. The Act establishes two distinct and separate regimes for domestic arbitration and international arbitration. Domestic arbitration is governed by the Mauritius Code of Civil Procedure in Articles 1003 to 1028-11. ...less
List web sites	http://www.supremecourt.innet.mu
Definition of domestic arbitration	Domestic arbitration is defined in Section 2 of the International Arbitration Act as any arbitration with its juridical seat in Mauritius, other than an international arbitration under Section 3(2). ...more ...less
Definition of international arbitration	Section 3(2) of the International Arbitration Act 2008 states that for the purposes of subsection (1)(c)(1), an arbitration shall, subject to subsection (6), be an international arbitration where: ...more /> (a) the juridical seat of the arbitration is Mauritius; and (b) (i) the parties to the arbitration agreement have, at the time of the conclusion of that agreement, their place of business in different States; or (ii) one of the following places is situated outside the State in which the parties have their places of business: (A) the juridical seat of the arbitration if determined in, or pursuant to, the arbitration agreement; or (B) any place where a substantial part of the obligations of the commercial relationship is to be performed or the place with which the subject matter of the dispute is most closely connected; or (iii) the parties have expressly agreed that the subject matter of the arbitration agreement relates to more than one State, or that this Act is to apply to their arbitration; or (iv) the shareholders in a GBL company have determined, pursuant to subsection (6), that any dispute concerning the Constitution of the company or relating to the company shall be referred to arbitration under this Act. ...less
* Are the following types of disputes arbitrable under your country’s national law: (a) Disputes involving rights over immoveable property located within your country:	Yes
* (b) Any intra-company disputes( e.g., disputes over decisions made by the executive bodies of a corporation):	Yes
* (c) Disputes involving shareholder arrangements:	Yes
* (d) Disputes involving patents/trade marks (excluding administrative actions):	Yes
(e) Securities transactions:	Yes
List any additional commercial matters not listed above which are not arbitrable under your national law:	Disputes involving bills of exchange.
* Under your national law, is an arbitration agreement severable from the main contract?	No
* Can an arbitration agreement be incorporated by reference?	Yes
* Can the following method of concluding an agreement constitute a binding arbitration agreement: (a) by electronic communication, including email	Yes
* Can the following method of concluding an agreement constitute a binding arbitration agreement: (b) by fax	Yes
* Can the following method of concluding an agreement constitute a binding arbitration agreement: by oral agreement	No
* Can the following method of concluding an agreement constitute a binding arbitration agreement: by conduct e.g., performance on the part of one party	No
* Has your country ratified the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards?	Yes
* Under national law, are the state and state entities allowed to enter into arbitration with foreign owned companies in connection with the following: (a) Concession agreements	Yes
* Under national law, are the state and state entities allowed to enter into arbitration with foreign owned companies in connection with the following: (b) Infrastructure contracts (e.g, construction contracts)	Yes
* Under national law, are the state and state entities allowed to enter into arbitration with foreign owned companies in connection with the following: (c) Contracts dealing with natural resources (e.g., contracts dealing with water rights, mining, oil and gas, etc.)	Yes
* Under national law, are the state and state entities allowed to enter into arbitration with foreign owned companies in connection with the following: (d) Other types of contracts/transactions (please list all that apply in the “Comments” column)	Yes
Comment	N/A
* Has your country ratified the ICSID Convention?	Yes
** Has your country adopted a specific statute on commercial mediation or conciliation of commercial disputes?	No
Comment	N/A
Additional comment	On question 5 (Under your national law is an arbitration agreement severable from the main contract?): Although not contained in the statute, the prevailing view is that an arbitration clause is ...more a clause separate from the contract having an autonomous existence. In the case of Tamil Nadu Electricity Board v. ST-CMS Electric Co. Private Ltd [2007] 2 All ER 701, the court held that "an arbitration clause is regarded as a separate arbitration agreement from the rest of the contract obligations between the parties." On question 7 (Can the following methods of concluding an agreement constitute a binding arbitration agreement: (a) by electronic communication (including email), (b) by fax, (c) by oral agreement, (d) by conduct e.g., performance on the part of one party?): The Code of Civil Procedure provides that the arbitration clause shall be in writing. Furthermore, the International Arbitration Act also provides in section 4(1)(b) that the arbitration agreement shall be in writing. Section 4 (2) of the International Arbitration Act further point out that "An arbitration agreement is in writing where – (a) its contents are recorded in any form, whether or not the arbitration agreement or the contract has been concluded orally, by conduct, or by other means; (b) it is concluded by an electronic communication and the information contained in it is accessible so as to be usable for subsequent reference; or (c) it is contained in an exchange of statements of claim and defence in which the existence of an agreement is alleged by one party and not denied by the other." Therefore, if there is no existing arbitration agreement, the parties have to enter into a compromise. Under Article 1008 of the Code of Civil Procedure, the "compromis" is the agreement whereby the parties to the dispute refer each other to arbitration. The compromis should be in written form and can be in the form of signed minutes by the arbitrator and the parties. ...less

* Scored ** Bonus Question

This index compares the extent of judicial assistance before, during, and after the arbitration proceedings.

Question	Answer
* Have the courts in your country stated a “pro-arbitration policy”, i.e., a general policy in favor of enforcing arbitration agreements and arbitration awards, in applying your national law of arbitration In domestic/international arbitrations taking place in your country?	No
Comment	The courts have not stated a "pro-arbitration" policy expressly, but subject to all the conditions for an arbitration (domestic and international) being fulfilled, they are generally in favor of enfo ...morercing arbitration agreements and rendering arbitration awards. The International Arbitration Act has been proclaimed on January 1, 2009 and, at this stage, it is not possible to confirm the opinion of the court vis-à-vis that Act. ...less
* If the parties have expressly agreed (i.e., in writing) that the arbitration tribunal can rule on its own jurisdiction, will that be upheld by your national courts?	Yes
Comment	The court can only intervene to see whether the arbitrator has ousted its jurisdiction by adjudicatng on matters it has not been appointed to adjudicate upon.
* If a party brings an action in a court of your country with respect to a dispute that the parties have previously agreed (in a valid arbitration agreement or other writing) must be arbitrated (either in your country or elsewhere) how frequently would the courts in your country decline to hear the case and refer the parties to arbitration In domestic/international arbitrations taking place in your country? Answers: 1=Rarely; 2=Usually; 3=In all or nearly all cases	3
* If a party brings an action in a court of your country with respect to a dispute that the parties have previously agreed (in a valid arbitration agreement or other writing) must be arbitrated (either in your country or elsewhere) how frequently would the courts in your country decline to hear the case and refer the parties to arbitration in international arbitrations taking place in your country? Answers: 1=Rarely; 2=Usually; 3=In all or nearly all cases	3
Comment	This issue is usually left to the respondent party, who has to raise it (as a plea in limine) in his defense. The court will have to determine whether the arbitration clause has removed the cou ...morert’s jurisdiction altogether from certain matters. ...less
* Does your national law provide for domestic courts to assist the arbitration process by ordering the production of documents or the appearance of witnesses In domestic arbitrations taking place in your country?	No
* Does your national law provide for domestic courts to assist the arbitration process by ordering the production of documents or the appearance of witnesses In international arbitrations taking place in your country?	Yes
* Are requests for court assistance by ordering the production of documents or the appearance of witnesses generally granted In domestic arbitrations?	Yes
* Are requests for court assistance by ordering the production of documents or the appearance of witnesses generally granted in international arbitrations?	Yes
Comment	N/A
* Does your national law provide for your courts to assist the arbitrators or parties by granting interim relief to prevent immediate and irreparable injury (e.g., preliminary injunctions, the sequestration of property) while the arbitration is pending or before the arbitration has commenced In domestic arbitrations taking place in your country?	No
* Does your national law provide for your courts to assist the arbitrators or parties by granting interim relief to prevent immediate and irreparable injury (e.g., preliminary injunctions, the sequestration of property) while the arbitration is pending or before the arbitration has commenced In international arbitrations taking place in your country?	Yes
* If an immediate need can be shown, how often do courts grant interim relief requests for assistance? Answers: 1=Rarely; 2=Usually; 3=In all or nearly all cases	3
List the law and article which provide for courts' assistance with interim relief.	International Arbitration Act of 2008; Courts Act; Code of Civil Procedure.
Comment	N/A
Given the amount of the arbitration award ($US100, 000) and the location of the assets (your country's largest business city), what court in your country has jurisdiction to enforce an arbitration award rendered in your country (in domestic or international proceedings)?	Supreme Court of Mauritius
** Is the court for enforcement of arbitration awards rendered in your country, a higher level court or a specialized court?	Yes
* May a judgment of that court enforcing the award be appealed to a higher court or courts?	Yes
May a judgment of that court denying enforcement of the award be appealed to a higher court or courts?	Yes
If Yes, indicate the name of the court(s) of appeal	The Supreme Court of Mauritius, and ultimately the Judicial Committee of the Privy Council.
* In the case of a domestic award, if a party brings an action in court to set aside (vacate or annul) a domestic arbitration award against it, is the court authorized to review that award on the merits?	No
* In the case of an international award, if a party brings an action in court to set aside (vacate or annul) a domestic arbitration award against it, is the court authorized to review that award on the merits?	No
Under your national law, can a domestic award rendered in favor of a local company be denied confirmation or enforcement, or be set aside, annulled or vacated, by a court in your country on the following grounds: Invalidity of the underlying arbitration agreement or lack of capacity of a party?	Yes
Under your national law, can a domestic award rendered in favor of a local company be denied confirmation or enforcement, or be set aside, annulled or vacated, by a court in your country on the following grounds: Lack of a fair hearing?	Yes
Under your national law, can a domestic award rendered in favor of a local company be denied confirmation or enforcement, or be set aside, annulled or vacated, by a court in your country on the following grounds: Award deals with matters outside the scope of the arbitraton agreement?	Yes
Under your national law, can a domestic award rendered in favor of a local company be denied confirmation or enforcement, or be set aside, annulled or vacated, by a court in your country on the following grounds: Arbitration procedures not in accordance with the parties' s agreement or the governing arbitration law?	Yes
Under your national law, can a domestic award rendered in favor of a local company be denied confirmation or enforcement, or be set aside, annulled or vacated, by a court in your country on the following grounds: Subject matter of the dispute not subject to arbitration?	Yes
Under your national law, can a domestic award rendered in favor of a local company be denied confirmation or enforcement, or be set aside, annulled or vacated, by a court in your country on the following grounds: Enforcement of the award would be contrary to country's public policy?	Yes
Under your national law, can a domestic award rendered in favor of a local company be denied confirmation or enforcement, or be set aside, annulled or vacated, by a court in your country on the following grounds: Error of law?	Yes
Under your national law, can a domestic award rendered in favor of a local company be denied confirmation or enforcement, or be set aside, annulled or vacated, by a court in your country on the following grounds: Award not supported by substantial evidence?	Yes
Under your national law, list any additional grounds under which the domestic award rendered in favor of GlobiCo may be denied confirmation or enforcement, or be set aside, annulled or vacated, by a court in your country.	The parties have expressly renounced their right of appeal under the agreement, which states that the award of the arbitrator shall be final and conclusive. They are consequently left to a recourse ...morein annulment as provided for in Article 1027-3 which reads as follows: "where, in accordance with the distinctions made in Article 1027-1, the parties abandoned the appeal, or they have not expressly reserved the right to appeal in the arbitration agreement, an action for annulment of the arbitration agreement, an action for annulment of the arbitration award may be made despite any stipulation to the contrary. It is only applicable in the following cases: 1.1 if the arbitrator has exercised his duty without any agreement or where the arbitration agreement was invalid or expired; 2. if the arbitration tribunal was irregularly composed or the sole arbitrator was irregularly appointed; 3. If the arbitrator ruled without complying with the duty which had been conferred; 4. When the principle of contradiction has not been respected; 5. In all cases of invalidity provided for in Article 1026-5; 6. if the referee has violated any rule of public order." ...less
* What is the likelihood that your courts would enforce a domestic arbitration award if no objection to enforcement were filed? Answers: 1=Rarely; 2=Usually; 3=In all or nearly all cases	3
* What is the likelihood that your courts would enforce an international arbitration award if no objection to enforcement were filed? Answers: 1=Rarely; 2=Usually; 3=In all or nearly all cases	3
* Number of days on average necessary to enforce a domestic and international arbitration award in your country: (a) From the filing of an application for enforcement to the date of a hearing for such an application in the first instance court ?	24
* Number of days on average necessary to enforce a domestic and international arbitration award in your country: (b) From the date of the first hearing to the first instance court decision, if no objection to enforcement has been filed?	30
Number of days on average necessary to enforce a domestic and international arbitration award in your country: (c) From the first instance court decision to the decision of the final court of appeal (assuming that all avenues of appeal were pursued). In the second column, please list all relevant courts of appeal?	120
* Number of days on average necessary to enforce a domestic and international arbitration award in your country: (d) From the final court decision granting enforcement to GlobiCo obtaining a writ of execution attaching Supplier’s assets (e.g. bank account)?	60
Comment	The timeframe cannot be specified, since it may vary at any time.
Given the amount of the foreign arbitration award ($US100, 000) and the location of the assets (your countrys' largest business city), what court in your country has jurisdiction to enforce a foreign arbitration award (i.e. an award rendered outside of your country)?	Supreme Court of Mauritius
** Is the court for enforcement of arbitration awards rendered outside your country, a higher level court or a specialized court?	Yes
* May a judgment of that court enforcing the award or denying enforcement be appealed to a higher court or courts?	Yes
If Yes, indicate the name of the court(s) of appeal	Decision of the Supreme Court of Mauritius can be appealed to the Judicial Committee of the Privy Council.
Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground of "invalidity of the underlying arbitration agreement or lack of capacity of a party"?	Yes
Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground of lack of a fair hearing?	Yes
Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground of that the award deals with matters outside the scope of the arbitraton agreement?	Yes
Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground that the arbitration procedures not in accordance with the parties' s agreement or the governing arbitration law?	Yes
Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground that the award was set aside in the country where it was made?	Yes
Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground that the subject matter of the dispute not subject to arbitration?	Yes
Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground of public policy?	Yes
* Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground of "error of law"?	Yes
* Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground of that the award not supported by substantial evidence?	Yes
* Under your national law, list additional grounds under which an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts	N/A
* What is the likelihood that your courts would enforce a foreign award if no objection to enforcement were filed? Answers: 1=Rarely; 2=Usually; 3=In all or nearly all cases	3
* Number of days on average necessary to enforce a foreign arbitration award in your country: (a) From the filing of an application for enforcement to the date of a hearing for such an application in the first instance court ?	24
* Number of days on average necessary to enforce a foreign arbitration award in your country: (b) From the date of the first hearing to the first instance court decision, if no objection to enforcement has been filed?	21
Number of days on average necessary to enforce a foreign arbitration award in your country: (c) From the first instance court decision to the decision of the final court of appeal (assuming that all avenues of appeal were pursued). In the second column, please list all relevant courts of appeal?	150
* Number of days on average necessary to enforce a foreign arbitration award in your country: (d) From the final court decision granting enforcement to GlobiCo obtaining a writ of execution attaching Supplier’s assets (e.g. bank account)?	30
Comment	N/A
* In arbitrations involving a state or state entity, can your court(s) review the arbitration award on its merits in connection with recognition and enforcement proceedings?	Yes
Additional Comment	N/A

* Scored ** Bonus Question