The International Arbitration Act 2008

International arbitration is a mechanism established for the

final and binding determination of disputes concerning a

contractual or other relationship with an international element by

independent arbitrators in accordance with procedures, structures

and substantive and non-legal standards chosen directly or

indirectly by the parties.

As a matter of fact, arbitration is becoming a preferred manner

to resolve disputes due numerous benefits such as confidentiality,

neutrality and enforceability.

Mauritius has recently enacted the International Arbitration Act

2008 (the "Act") which is based on the Model Law on

International Commercial Arbitration adopted by the United Nations

Commission on International Trade Law ("UNCITRAL") on 21

June 1985, as amended on 7 July 2006.

The Act creates a clear regime for international arbitration and

is distinct from the law applicable to domestic arbitration (the

"Code de Procedure Civile of Mauritius").

The main objective of the Act is to make Mauritius a recognized

jurisdiction for all international arbitrations (whether

arbitrations arising from ad hoc arbitration agreements or under

institutional rules) and in particular, in the African context.

Investments in Africa are often made against a host of perceived

economic and political risks. This includes the perception that

domestic courts in African countries lack the commercial focus,

propriety and efficiency that international investors are

ordinarily used to; fears that decisions of African courts may not

be enforceable in other jurisdictions; and the perception that

African host states sometimes act in an unpredictable and/or

arbitrary fashion.

Set against this background, the ambition of Mauritius to become

a regional centre of international arbitration is justified given

that Mauritius offers the following advantages:

Strategic geographical location as a gateway to Africa;

Modern legislative framework;

Extensive network of Double Taxation Agreements and Investment

Promotion and Protection Agreements;

Neutrality in terms of international politics;

Political stability;

Membership to SADC, COMESA and Commonwealth; and

Availability of a pool of internationally trained judges,

magistrates, barristers and attorneys

At the moment, the main recognised institutional arbitration

centres in Africa are the Cairo Regional Centre for International

Commercial Arbitration (CRCICA), the Lagos Regional Centre for

International Commercial Arbitration (LRCICA) and the...