Mauritius has a traditionally deep rooted respect for the rule of law said the Prime Minister, Dr Navinchandra Ramgoolam, this morning during the official opening of the Mauritius International Arbitration Conference 2012, which is being held on two days at the Intercontinental Hotel, Balaclava.
The Prime Minister recalled that Mauritius adopted in November 2008 state-of-the-art legislation based on the United Nations Commission on International Trade Law (UNCITRAL) Model Law, adapted to best serve the interests of international users, and concluded in April 2009 a Host Country Agreement with the Permanent Court of Arbitration (PCA) at The Hague pursuant to which the PCA has appointed a permanent representative in Mauritius. Mauritius is now co-operating with a leading institution in the field of international arbitration to open a dedicated and state-of-the-art regional Centre for international arbitration.
The Mauritius International Arbitration Conference 2012 is jointly organised by the Government of Mauritius, the UNCITRAL, the PCA, the International Centre of Settlement Centre of Investment Disputes (ICSID), the International Chamber of Commerce, the International Council for Commercial Arbitration and the London Court of International Arbitration. Some 300 participants, local and international are attending this Conference.
This event marks the successful continuation of the dynamic project launched in 2010, by the Government of Mauritius to create a new platform in the region for international commercial and investment arbitration. As part of the project, Mauritius:
- adopted state-of-the art legislation based on the UNCITRAL Model Law, adapted to best serve the interests of international users (November 2008);
- concluded a Host Country Agreement with the Permanent Court of Arbitration of The Hague pursuant to which the PCA appointed to Mauritius its first overseas representative (April 2009);
- hosted the inaugural Mauritius International Arbitration Conference in December 2010;
- has cooperated with the London Court of International Arbitration (LCIA) to open a dedicated and state-of-the-art Centre for International Arbitration; and
- successfully bid to host the 2016 Congress of the International Council for commercial Arbitration (June 2012)
- Three panels on international commercial arbitration, chaired by the President of the ICC Court, the Director General of the LCIA and a senior member of the ICCA Council will engage in a critical examination of various aspects of the role of the courts: in giving effect to arbitration agreements, in supporting arbitral proceedings, and in the recognition and enforcement of awards. A speaker on each panel will provide an African perspective on each topic.
- Three panels on investment arbitration, chaired by the Secretary of UNCITRAL, Secretary-General of ICSID, the Secretary-General of the Permanent Court of Arbitration, will aim to provide a fresh perspective on arbitrator appointments and challenges, sovereign debt issues in investment treaty arbitration, and the management of regulatory risk.
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The Committee appointed by the Bar Council to enquire into the practice whereby judges of the Supreme Court were being called upon to conduct arbitration with respect to private disputes, looked at the situation prevailing in Mauritius to find out whether, if Judges were ruled out, the parties to litigation wishing to resort to arbitration would have a reasonably wide choice of persons who were able and available to do the job promptly and efficiently. In its report of 11 December 2012, the Committee (chaired by a former Chief Justice) opined that Mauritius had not reached a stage where it could afford to legislate so as to prevent the Judges of the Supreme Court from agreeing to act as arbitrators since there were no more than perhaps two retired Judges who could 'foot the bill' (sic) and no more than perhaps two qualified professional arbitrators in the country. The Committee emphasised that every effort should be made in the first place to create a 'cadre' of professional arbitrators who would exercise their profession in accordance with international norms within the framework of a proper legal regulatory system which would, inter alia, provide that arbitration can only be conducted by an accredited person.
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