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PRACTICE NOTES
The Mauritian legal order is a mixed jurisdiction that fuses French civil law with British common law, exhibiting a dual structure: procedural rules in criminal and civil proceedings are largely English, whereas substantive law stems from the French Napoleonic Code. Mauritius has moulded elements of both traditions to suit local requirements, forming a distinctive body of Mauritian law. This is evident in the separate frameworks that apply to domestic arbitration and to international arbitration...
Domestic arbitration is regulated by the Civil Procedure Code 1808 (Code de Procédure Civile) (CPC), while international arbitration is governed by the International Arbitration Act 2008 (IAA 2008), itself based on the UNCITRAL Model Law on International Commercial Arbitration (the Model Law). This Practice Note offers an introduction to the treatment of key arbitration concepts under Mauritian law and should be considered alongside the Practice Notes:
Arbitration
PRACTICE NOTES
Mauritius operates a mixed legal framework, blending French civil law with British common law traditions. It features a dual structure: procedure in criminal and civil litigation is largely English, whilst substantive norms draw on the French Napoleonic Code.
The system bears hallmarks of both civilian and common law, adapted to local needs to forge a distinctive body of Mauritian law. This is evident in the separate regimes governing domestic and international arbitration.
Domestic arbitration provisions are set out in the Civil Procedure Code 1808 (Code de Procédure Civile) (CPC), while international arbitration is regulated by the International Arbitration Act 2008 (IAA 2008), which is modelled on the UNCITRAL Model Law on International Commercial Arbitration.
This Practice Note should be read alongside the Practice Notes: Arbitration in Mauritius—an introduction and Enforcing arbitral awards in Mauritius.
Basis of the IAA
Experience in other countries shows that applying the same rules to both
Arbitration
PRACTICE NOTES
Prepared in collaboration with a partner and Zahrah Juman, legal executive, at the Mauritius office of global offshore law firm Appleby, covering key issues on merger control in Mauritius.
Note—to check whether notification thresholds in Mauritius and worldwide are met, see: Where to Notify. Mauritius is also a COMESA member operating a supra-national merger control regime.
1. Have there been any recent developments regarding the Mauritian merger control regime and are any updates or developments expected in the coming year? Are there any other ‘hot’ merger control issues in Mauritius?
No new legislation or major revisions are anticipated in the near term. Following the 2021 amendment to the Competition Act 2007 (the Act) introducing provisions (i) protecting the Competition Commission of Mauritius (the Commission) and its officers from liability and (ii) safeguarding informers, the Act was further amended in 2019 to provide that every person
Competition
PRACTICE NOTES
The Mauritian legal system
Mauritius operates a mixed legal order, blending French civil law heritage with British common law traditions. It exhibits a dual structure: procedures in both criminal and civil proceedings are largely English in origin, while much of the substantive framework derives from the French Napoleonic Code. The jurisdiction therefore embodies both civil law and common law traits, reshaped to suit domestic requirements and yielding a distinctive body of Mauritian law. This duality appears in the separate regimes applicable to domestic and international arbitration. Rules for domestic arbitration are set out in the Civil Procedure Code 1808 (Code de Procédure Civile) (CPC), drawn from a French version, whereas international arbitration falls under the International Arbitration Act 2008 (IAA 2008), modelled on the UNCITRAL Model Law on International Commercial Arbitration (the Model Law). For further detail on arbitration in Mauritius, see Practice Notes:
Arbitration
PRACTICE NOTES
Note—consult Where to Notify to check if notification thresholds in Seychelles and across the globe are met.
Seychelles is a member of both the Southern African Development Community and of COMESA, which administers a supra-national merger control system.
1. Have there been any recent developments regarding the regime and are any updates or developments expected in the coming year? Are there any other ‘hot’ merger control issues in Seychelles?
The principal statute in Seychelles is the Fair Trading Act 2022 (FTA 2022). It took effect on 1 August 2022, repealing the Consumer Protection Act 2010 (CPA 2010), the Fair Competition Act 2009 (FCA 2009) and the Fair Trading Commission Act 2009. The Fair Trading Commission (FTC) is the primary statutory authority tasked with preventing and/or controlling anti-competitive mergers. A notable reform brought in by the FTA 2022 is the
Competition
1 Contributions by Appleby Experts
PRACTICE NOTES
The regime for recognising and enforcing international arbitral awards in Jersey sits within the Arbitration (Jersey) Law 1998, as amended (the Arbitration Law). Parts 3 and 4 enable enforcement of awards made under:
the Protocol on Arbitration Clauses, 24 September 1923 (the Protocol)
the Geneva Convention on Foreign Arbitral Awards, 26 September 1927 (the Geneva Convention)
the New York Convention, 10 June 1958 (the New York Convention)
In essence, where an arbitration agreement falls within any of the Protocol, Geneva Convention or New York Convention, and the requisite conditions are met, the award may be enforced by the Royal Court of Jersey (the Court) in the same way as a judgment or order of that Court to equivalent effect.
Domestic awards
The Arbitration Law differentiates between domestic and non-domestic awards. Part 2 governs domestic awards arising from arbitration proceedings within Jersey, which are
Arbitration
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