First prepared in Appleby's Mauritius Newsletter, August
2019.
Before embarking into the enforcement of arbitral awards, it is
important to distinguish between a domestic award and an
international award, as this demarcation will dictate the procedure
to be adopted for the enforcement of the award. A domestic award
corresponds to an award with its juridical seat in Mauritius,
whereas an international award on the other side, relates to an
award with its juridical seat outside of Mauritius.
The legislative framework pertaining to the enforcement of an
international award is derived from two pieces of legislation and a
rule of the Mauritian Supreme Court (Supreme
Court), namely, the Convention on the Recognition
and Enforcement of Foreign Arbitral Awards Act 2001
(CREFAA), the International Arbitration Act 2008
(IAA) and the Supreme Court (International
Arbitration Claims) Rules 2013 (SCR). The
framework applicable to domestic awards is, on the other hand,
found
