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MAURITIUS 5
Supreme Court of Mauritius, 23 January 2025, Case No. 125375 (5A/10/24)
(Eric Georges Lucien Laporte v. Marc Albert René Laporte)
MAURITIUS 5
The Supreme Court granted, on the facts of the case, Eric Laporte’s application for an order that Marc Laporte give “suitable security” under Art. VI of the New York Convention, in the full amount of the award between the parties. The award had been rendered in a Mauritius-seated arbitration. The Court also ordered Marc Laporte to give security for the costs for his appeal to the Judicial Committee of the Privy Council, by which he impugned the Mauritian court decision which had rejected his request to set the award aside. The Court found that security could be granted under the Supreme Court (International Arbitration Claims) Rules 2013, to which the International Arbitration Act referred, notwithstanding the pre-existing Mauritius (Appeals to Privy Council) Order 1968, which regulates the conditions for appeals to the Judicial Committee of the Privy Council. The Court explained that the specific legislation dealing with international arbitration – the International Arbitration Act, the 2013 Rules, and the New York Convention – prevail over the 1968 Order.
The court discusses the conditions for granting adjournment of a proceeding relating to the recognition and enforcement of an arbitral award, and the court’s discretionary power to do so, as well the determination of “suitable security” and the power to request it.