Section 2: Appeals on questions of Mauritius law

2. Appeals on questions of Mauritius law (1) Notwithstanding sections 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. (2) The Court shall not grant leave under subparagraph (1) unless it considers that, having regard to all the circumstances, the determination of the question of Mauritius law concerned could substantially affect the rights of one or more of the parties. (3) The Court may grant leave under subparagraph (1) on such conditions as it thinks fit. (4) On the determination of an appeal under this paragraph, the Court may, by order— (a) confirm, vary, or set aside the award; or (b) remit the award, together with the Court’s opinion on the question of Mauritius law which was the subject of the appeal, to the arbitral tribunal for reconsideration or, where a new arbitral tribunal has been appointed, to that arbitral tribunal for consideration, and, where the award is remitted under subparagraph (b), the arbitral tribunal shall, unless the order otherwise directs, make the award not later than 3 months after the date of the order. (5) Where the award of an arbitral tribunal is varied on an appeal under this paragraph, the award as varied shall have effect (except for the purposes of this paragraph) as if it were the award of the arbitral tribunal; and the party relying I15A – 27 [Issue 6] International Arbitration Act on the award or applying for its enforcement in Mauritius pursuant to section 40 of the Act shall supply the duly authenticated original order of the Court varying the award or a duly certified copy thereof. (6) Section 39 (5) and (6) of the Act shall apply to an appeal under this paragraph as they apply to an application for the setting aside of an award under that section. (7) For the purposes of the New York Convention as applicable in Mauritius— (a) an appeal under this paragraph shall be treated as an application for the setting aside of an award; and (b) an award which has been remitted by the Court under subparagraph (4) (b) to the original or a new arbitral tribunal shall be treated as an award which has been suspended. (8) 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.