Section 1: Determination of preliminary point of Mauritius law by Court

1. Determination of preliminary point of Mauritius law by Court (1) Notwithstanding section 2A of the Act, on an application to the Supreme Court by any party— (a) with the consent of the arbitral tribunal; or (b) with the consent of every other party, [Issue 5] I15A – 26 Revised Laws of Mauritius the Court shall have jurisdiction to determine any question of Mauritius law arising in the course of the arbitration. (1) Notwithstanding section 2A and 39 of the Act, any party may appeal to the Supreme Court on any question of Mauritius law arising out of an award with the leave of the Court— (a) might produce substantial savings in costs to the parties; and (b) might, having regard to all the circumstances, substantially affect the rights of one or more of the parties. (2) The Court shall not entertain an application under subparagraph (1) (a) with respect to any question of Mauritius law unless it is satisfied that the determination of the question of law concerned— (a) might produce substantial savings in costs to the parties; and (b) might, having regard to all the circumstances, substantially affect the rights of one or more of the parties. (3) For the purposes of this paragraph, “question of Mauritius law”— (a) includes an error of law that involves an incorrect interpretation of the applicable law (whether or not the error appears on the record of the decision); but (b) does not include any question as to whether— (i) the award or any part of the award was supported by any evidence or any sufficient or substantial evidence; or (ii) the arbitral tribunal drew the correct factual inferences from the relevant primary facts.