These short notes have no academic pretentions. They do nothing
more than narrate – "report" would be too pompous a
word – some of the judgments of the Supreme Court of
Mauritius in matters of international arbitration since the
promulgation of the International Arbitration Act in 2009. They
provide some background to the cases under examination and add
certain comments to facilitate and ease the reading.
These notes are rather an expression of celebration. They are
the brainwave of three young barristers of the Firm. They
conceived, designed and wrote those notes. It is a testimony to the
hopes and faith that our young barristers in Mauritius have in this
new discipline of law which is opening up in their starting
professional career. Our Mauritius Bar is teeming with such
youthful energy and our Young Bar is growing up to see the world in
a grain of sand.
These notes also celebrate the incredible pragmatism and
sagacity of our Mauritian Judiciary. The judgments recounted here
demonstrate their immediate embrace of arbitration as an effective
mechanism for dispute resolution and their unreserved support to
international arbitration. Over two centuries, Mauritian judges
have been grappling with a mixed system of law on an island that
takes such a Promethean task for granted. From the faltering notes
of Trikona1 to the maturity and poise of
Cruz City2 these short notes show the road
along international arbitration that the Mauritian Judiciary has
travelled over such a short time.
Alongside it, the Mauritian legal profession.
Lastly these notes celebrate the merger of BLC Chambers with
Etude Robert. The merger brings together one of the oldest and most
respected legal practices on the Island, and one of the most
innovative set of commercial lawyers, giving to the combined team
an enormous litigation capability and depth. Etude Robert was
founded in 1857 and bears the mark of four generations of
incontestably distinguished attorneys. It brings a tradition of
excellence to the table. BLC has been the first to assert that the
business community deserves specialist commercial lawyers and that
proper legal services cannot be delivered in the area of commercial
law without a solid organisation structure ensuring continuity and
As the legal profession takes benefit from the 2008 amendment to
the Law Practitioners Act allowing legal services to move into
corporate legal structures, the international community of
arbitration lawyers will find the quality support they require in
Mauritius to conduct their arbitration cases in this emerging
There are a number of issues regarding this nascent Tribunal and its procedures on which the Decree is silent and which will need to be answered and clarified for litigators and practitioners in due course.
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