Mediation in Mauritius

Quick Facts

• Legal Framework: Mauritian legal system is a composite system blending French civil law and British common law practices, characterised by duality of concepts - French substantive laws and English procedural laws. Int...
• Cultural Approach: Mauritius boasts bilingual population and state-of-the-art facilities and ICT infrastructure, making it a destination of choice for regional and international arbitration. The hybrid legal system mixi...
• Typical Costs: MARC provides competitive fees for arbitration and mediation services. Costs determined by institutional rules and fee schedules. Professional mediator fees generally range from MUR 2,000-8,000 per ho...

Mediation Research

Legal Framework

Mauritian legal system is a composite system blending French civil law and British common law practices, characterised by duality of concepts - French substantive laws and English procedural laws. International arbitration law is set forth in International Arbitration Act 2008 amended by International Arbitration (Miscellaneous Provisions) Act 2013, based on UNCITRAL Model Law. Mauritius has distinct legal regimes for domestic and international arbitrations. Parties may choose to apply International Arbitration Act to domestic arbitrations.

Court System

Local courts have reduced role in relation to international arbitration proceedings. Only in very exceptional cases will courts verify arbitration clauses before or during arbitration proceedings, avoiding parallel proceedings. For interim measures, only in cases of urgency, party agreement, or arbitral tribunal permission will courts entertain applications. International arbitration cases heard expeditiously by panel of three specialised judges with direct right of appeal to Judicial Committee of the Privy Council (UK).

Mediator Regulations

The Mediation and Arbitration Center Mauritius (MARC) provides administrative support in mediation and conciliation. MARC's internal database of arbitrators and mediators comprises experts across the globe. MARC Rules provide state-of-the-art procedural framework for efficient resolution of international disputes. Professional standards follow international best practices. Further research needed on specific mediator certification processes.

Cultural Approach

Mauritius boasts bilingual population and state-of-the-art facilities and ICT infrastructure, making it a destination of choice for regional and international arbitration. The hybrid legal system mixing English common law and French civil law creates unique advantages. Cultural approach reflects both French and British legal traditions with emphasis on neutrality and efficiency.

Typical Costs

MARC provides competitive fees for arbitration and mediation services. Costs determined by institutional rules and fee schedules. Professional mediator fees generally range from MUR 2,000-8,000 per hour for commercial mediation. State-of-the-art facilities and efficient processes aim for cost-effectiveness. Costs typically shared between parties unless otherwise agreed.

States and Regions