Alphamix Ltd v The District Council of Rivière du Rempart - Mauritius - Supreme Court of Mauritius - Judgment - 5 June 2023
Country
Year
2023
Summary
Under the provisions of the Mauritian Civil Procedure Code ("the Code") which govern domestic arbitrations in Mauritius, the mandate of an arbitrator - if no time limit is fixed by the arbitration agreement - lasts for six months from the date of appointment (article 1015). This period may be extended by agreement of the parties. One of the grounds (set out in article 1027-3 of the Code) on which an arbitration award may be annulled is if the arbitrator's decision is not within the mandate conferred on him by the parties ("l'arbitre a statué sans se conformer à la mission qui lui avait été conférée").
The issue on this appeal is whether the Supreme Court of Mauritius was wrong to annul an award on the ground that it was delivered after the arbitrator's mandate had expired.