What is the place of arbitration in MIAC cases?
Under the MIAC Arbitration Rules 2018, the parties are free to agree on any place of arbitration (which, under the Rules, refers to the juridical seat of the arbitration). According to Article 18 of the MIAC Arbitration Rules, if the parties have not previously agreed on the place of arbitration, the place of arbitration is Mauritius. The award will be deemed to have been made at the place of arbitration. The arbitral tribunal may, however, meet at any location it considers appropriate for deliberations and, unless otherwise agreed by the parties, the arbitral tribunal may also meet at any location it considers appropriate for any other purpose, including hearings.
Can MIAC administer cases with a place of arbitration other than Mauritius or with hearings taking place outside of Mauritius?
Yes, MIAC can administer cases with a place of arbitration other than Mauritius or with hearings taking place outside of Mauritius.
What role does the Permanent Court Arbitration (PCA) play within MIAC?
The MIAC Secretariat is led by the Registrar, Ms. Clémence Assou. The Registrar also serves as PCA Legal Counsel, thus bringing with her the highest level of dispute resolution expertise to MIAC. For more information about the PCA and Mauritius, please click here.
Does MIAC administer cases under the UNCITRAL Arbitration Rules or other sets of rules?
Yes, MIAC administers cases under the UNCITRAL Arbitration Rules or other sets of rules. For more information, please contact the MIAC Secretariat via e-mail to email@example.com.
How does one commence arbitration proceedings at MIAC?
Resolution of a dispute through arbitration is upon the agreement of parties. Parties must first ascertain whether the agreement contains an arbitration clause referring to MIAC or the UNCITRAL Arbitration Rules. By agreement with the LCIA, MIAC also administers disputes under arbitration clauses referring to LCIA-MIAC and inadvertently concluded after 31 August 2018. Where parties have not yet concluded an arbitration agreement, or if they agree to amend an earlier agreement in order to provide for arbitration under the auspices of MIAC, they may enter into an agreement to that effect. MIAC would be ready to facilitate the dispute resolution process, including the designing of a dispute resolution agreement and procedure for dispute resolution.