- Privy Council overturns Mauritius court to reinstate controversial Betamax SIAC award (Betamax v State Trading Corp)
- What are the practical implications of this case, including for international arbitration practitioners outside Mauritius?
- What was the background?
- What did the court decide?
- Case details
Arbitration analysis: The Privy Council ruled that there were no grounds to overturn an arbitral award by which Mauritius’s state trading company was ordered to pay $US 115m to a company owned by a prominent Mauritian businessman. In doing so, the Privy Council overturned the decision of the Mauritius Supreme Court on the scope of the court’s power to challenge international arbitration awards on public policy grounds. The decision will reassure users of Mauritius as a seat of arbitration by guiding Mauritian judges to maintain the finality of arbitrators’ awards, and to limit the narrow scope of the public policy ground, giving more certainty to decisions of arbitrators in Mauritius. Written by Duncan Bagshaw, partner and head of international arbitration at Howard Kennedy LLP.
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