international arbitration, he will state the measures being envisaged to propel Mauritius as a reliable, sui…
(No. B/1151) Dr. Ms R. Daureeawo (Third Member for Rivière des Anguilles & Souillac) asked the Attorney General whether, in regard to international arbitration, he will state the measures being envisaged to propel Mauritius as a reliable, suitable and efficient international arbitration jurisdiction/hub in the Africa region.
Madam Speaker, let me at the outset state that when we look at the evolution of reputable international arbitration centres worldwide, there has been no magical wand employed to propel them to the place of respect that they currently enjoy. The current status has been the result of enduring, consistent and incremental strategies developed and adapted over the years.
75 I have to say that governments hosting reputable international arbitration centres have been very careful in giving support to these centres to avoid a direct interventionist approach that runs counter to the very spirit of neutral independent resolution of disputes. In these successful ventures, governments have been mere catalysts, leveraging on the invaluable input of their private sector. The examples I have in mind are the Singapore International Arbitration Centre and the Hong Kong International Arbitration Centre. The Hong Kong one was established in 1985 and the Singapore one in 1991, and it took both of them a number of years to flourish into the respected arbitration centres that they now are. In Mauritius, we started our international arbitration venture in or about 2008 with the enactment of the International Arbitration Act based on the UNCITRAL Model Law. This was followed by the establishment in Mauritius in September 2010 of the first Office of the Permanent Court of Arbitration outside the Hague, with the Secretary General of the PCA having the functions of appointing authority for the Arbitral Tribunal. Subsequently, the Mauritius International Arbitration Centre (MIAC) was set up in 2011 as a fully-owned government company and operated as a joint venture with the London Court of International Arbitration until 2018. I am informed that towards the quarter of 2018, MIAC continued its operation with support from the PCA under a management agreement. In 2019, MIAC and PCA originally housed in Ebène, migrated to new premises in Caudan with State-of-the-Art Arbitration Suite and of international standard. I am informed that MIAC and the Mauritius Office of the PCA have been involved in increasing the visibility of Mauritius as an international arbitration jurisdiction by participation in various international arbitration events. I am also informed that MIAC has signed numerous cooperation agreements with prominent international arbitration institutions including the international centre for settlement of investment disputes. I am further informed that the PCA continues to administer an increasing number of cases through its Mauritius office and that this year marks the 15th anniversary of its establishment in Port Louis; a milestone celebrated with the participation of the hon. Prime Minister, the Minister of Foreign Affairs, myself, members of the Judiciary and the Bar Council. The presence of the Secretary General of the PCA on this occasion, testifies to the importance attached by the PCA to its partnership with Mauritius.
76 The years post 2016, Madam Speaker, also saw a transformation in the structure of the MCCI Mediation and Arbitration Centre, commonly known as MARC with increased emphasis on international arbitration. I am informed that MARC also has hearing facilities of high international standard. Moreover, as announced by the hon. Prime Minister, government is presently working with the Mauritius Chamber of Commerce and Industry towards the consolidation of alternative dispute resolution services in Mauritius through the respective merger of MIAC and MARC. I have not later than yesterday, Madam Speaker, engaged with the MCCI to push through this matter so that it becomes reality in the next few months. Madam Speaker, in parallel with these institutional developments, sustained efforts have also been made to build domestic capacity in international arbitration. I am informed that the PCA Mauritius Fellowship Programme, in place since September 2016, provides for the annual employment of young Mauritian lawyer at the Permanent Court of Arbitration for one year; thereby contributing to the development of local expertise. Furthermore, various trainings, lectures, conferences and other knowledge sharing initiatives are regularly undertaken by the PCA, MIAC and several Mauritian organisations involved in dispute resolution. These capacity building measures strengthen the local arbitration ecosystem and contributed to Mauritius being consistently regarded as a safe seat for arbitration as reflected in reputable international assessment such as the Delos Guide to Arbitration Places. In fine, Madam Speaker, Mauritius has, over the years, developed all the necessary bases to be a reliable, suitable and efficient international arbitration jurisdiction, starting with the law base UNCITRAL Model Law, then with credible arbitration institutions with recognisable rules of international standard and finally, with state-of-the-art hearing facilities. Finally, making Mauritius a beacon for international arbitration does not boil down to inventing new measures but to first rationalising and capitalising on what we already have. Government fully realises the potential that exists in international arbitration and is, without being unduly interventionist, determined to explore and facilitate the creation of appropriate channels to leverage on the goodwill we have already acquired in the field of international arbitration; but this has to be done in, as I said before, an incremental fashion whilst giving full and careful consideration to the needs of the moment.
77
Thank you, hon. Member. Hon. Second Member for Belle Rose and Quatre Bornes! L’OISEAU DU PARADIS SHELTER – ACCOMODATION CAPACITY – REDEPLOYED STAFF