PCA Mauritius Office

The PCA opened its office in Mauritius in September 2010 pursuant to the PCA-Mauritius host country agreement in order to assist with the discharge of its functions under the Mauritian International Arbitration Act 2008 and with the promotion of the pacific settlement of international disputes in and with respect to the region.

The current PCA Representative in Mauritius and Head of the PCA Mauritius Office is Ms. Fedelma Claire Smith.

Mauritian International Arbitration Act 2008

The Mauritius International Arbitration Act 2008 entrusts to the Secretary-General of the PCA the power 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 PCA under the Act, see below.  

Such requests may be made for the following measures to be taken by the PCA:

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 an 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 to it 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 the failure (section 12(5))

Arbitrator challenge and termination of mandate 

• Decisions on challenge: in the event an arbitrator is challenged and any procedure agreed on by the parties for deciding the challenge, or 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 agreed by the parties in relation to the arbitration proceedings or 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 PCA under the Mauritian International Arbitration Act 2008 are final and subject to no 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 3, Unit B1
BPML CyberTower 1
CyberCity
Ebene
Republic of Mauritius
Tel: +230 454 6388
Fax: +230 468 1246
Email: bureau@pca-cpa.org

The request should be accompanied by:

1. A copy of the arbitration clause or agreement establishing the applicability of the Mauritius    International Arbitration Act 2008;

2. An indication of the section of the Mauritius International Arbitration Act 2008 under which the request is made and of the measure requested;

3. A copy of the Notice of Arbitration served upon the respondent, as well as the date of such service;

4. An indication of the nationalities of the parties;

5. The names and nationalities of the arbitrators already appointed, if any;

6. The names of any institutions or persons that the parties had considered selecting as appointing authority but which have been rejected; and

7. A power of attorney evidencing the authority of the person making 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.