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Privy Council considers choice of arbitral institution and rules in international arbitration in Mauritius (Flashbird v Compagnie de Sécurité Privée et Industrielle)

Published on: 15 December 2021
Published by: LexisPSL
  • Privy Council considers choice of arbitral institution and rules in international arbitration in Mauritius (Flashbird v Compagnie de Sécurité Privée et Industrielle)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Arbitration analysis: The Privy Council, hearing an appeal from the Supreme Court of Mauritius, held that a problematic arbitration clause, referring to two different arbitral institutions, was enforceable and the arbitrator’s approach did not justify setting aside the award under the International Arbitration Act 2008. The decision highlights the benefit of the availability of appeals to the Privy Council to Mauritian jurisprudence on this subject, and the highly international approach which the Privy Council will take to developing and applying Mauritian law in this area. It serves as a helpful reminder to practitioners to take care when drafting arbitration agreements, but gives reassurance that the Mauritian approach will be to uphold an arbitrator’s decision where possible to do so without unfairness. Written by Duncan Bagshaw, partner and head of International Arbitration at Howard Kennedy LLP. or take a trial to read the full analysis.

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