The Commercial Division of the Supreme Court of Mauritius held that the issue as to applicability of the arbitration clause under a facility agreement was not open for it to determine; the case must be automatically transferred to the Supreme Court of Mauritius for a determination under section 5 of the International Arbitration Act 2008.
UBS AG, as the second defendant before the Commercial Division, requested the Commercial Division to make an order under section 5 of the International Arbitration Act 2008 for the proceedings brought by MCB be transferred to the Supreme Court of Mauritius constituted under section 42 of the International Arbitration Act 2008 for the latter to determine whether the parties should be referred to arbitration.
The Commercial Division stayed the action brought by MCB pending the determination of the Supreme Court of Mauritius under section 5 of the International Arbitration Act 2008.
* Mauritius Commercial Bank Ltd v UBS AG. Singapore Branch & Anor, 2015 SCJ 307
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