Appleby Mauritius successfully applied for and obtained urgent interim relief on ex parte basis and subsequently confirmed by three Designated Judges of the Supreme Court of Mauritius under the International Arbitration Act 2008. The order was granted to preserve the status quo in the shareholding and composition of the board of the company in which Africore Energy Ltd holds minority shareholding and directorship on the board. Such interim relief had to be sought before the Supreme Court of Mauritius against the backdrop of a challenge as to the juridical seat of arbitration.
In a judgment delivered by three Designated Judges of the Supreme Court of Mauritius on 10 December 2020, the Supreme Court reiterated the principle that "The court may only issue interim measures "to support, and not to disrupt the existing or contemplated arbitration proceedings" and that, too only where the arbitral tribunal "has no power or is unable for the time being to act effectively".
It was held that "The Judge in Chambers was entitled, on the basis of the evidence which was adduced before her, to issue the interim measures as a matter of extreme urgency in respect of the shareholding and composition of the board of MOGS Storage. As already highlighted in the judgment, this court is bound to exercise its powers with regard to the interim measures in such a manner as to support and not to disrupt, existing arbitration proceedings."