Section 2:

2. The effect of the resolution referred to in paragraph 1 shall be the incorporation in the constitution of the Company of the following arbitration clause— (1) Any dispute, controversy or claim arising out of this constitution or the breach, termination or invalidity thereof shall be settled by international arbitration under the International Arbitration Act (referred to as the Act). (2) The provisions of the First Schedule to the Act shall apply to the arbitration. (3) The arbitration shall be conducted pursuant to the Rules of [name of institution]. Where no institution is chosen, the arbitration shall be conducted pursuant to the rules set out in the Act. (4) The number of arbitrators shall be [1 or 3]. Where no option is chosen, the default rules set out in the Act shall apply. (5) The juridical seat of arbitration shall be Mauritius. (6) The language to be used in the arbitral proceedings shall be the English language. (7) Any dispute, controversy or claim shall be kept confidential and any proceedings before the Supreme Court in relation thereto shall, with the agreement of all parties, be heard in private. [Second Sch. amended by s. 4 (l) of Act 8 of 2013 w.e.f. 1 June 2013.] [Issue 5] I15A – 30 Revised Laws of Mauritius THIRD SCHEDULE [Section 2B] TABLE OF CORRESPONDING PROVISIONS BETWEEN THIS ACT AND THE AMENDED MODEL LAW PART I – PRELIMINARY Article of the amended Section of this Act Model law Section 2 (1), (3), (4) and (5) Articles 1 (3), 1 (4) and 2 Section 2 (2) Article 3 Section 2A (Extent of Court intervention) Article 5 Section 2B (International origin and general principles) Article 2A Section 2C (Disconnection of international arbitration from domestic arbitration and regime) Section 2D (Waiver of right to object) Article 4 PART IA – SCOPE OF APPLICATION Article of the amended Section of this Act Model law Section 3 (Temporal application) Section 3A (Material application) Articles 1 (1) and 1 (2) Section 3B (Application of First Schedule) Section 3C (Determination of threshold issues) Section 3D (Arbitration clause in constitution of a GBL company) Section 3E (Miscellaneous provisions on scope of application) PART II – INITIATION OF PROCEEDINGS Article of the amended Section of this Act Model law Section 4 (Arbitration agreement) Article 7 Section 5 (Substantive claim before Court) Article 8 Section 6 (Compatibility of interim measures) Article 9 Section 7 (Death or bankruptcy or winding up of party) Section 8 (Consumer arbitration agreement) Section 9 (Commencement of proceedings) Article 21 Section 10 (Juridical seat) Article 20 I15A – 31 [Issue 5] International Arbitration Act THIRD SCHEDULE—continued PART III – THE ARBITRAL TRIBUNAL Article of the amended Section of this Act Model law Section 11 (Number of arbitrators) Article 10 Section 12 (Appointment of arbitrators) Article 11 Section 13 (Grounds for challenge of arbitrator) Article 12 Section 14 (Procedure for challenge of arbitrator) Article 13 Section 15 (Failure or inability to act) Article 14 Section 16 (Replacement of arbitrator) Article 15 Section 17 (Hearing following replacement of arbitrator) Section 18 (Fees and expenses of arbitrators) Section 19 (Protection from liability and finality of decisions) Section 20 (Competence as to jurisdiction) Article 16 PART IV – INTERIM MEASURES BY TRIBUNAL Article of the amended Section of this Act Model law Section 21 (Interim measures by Tribunal) Articles 17 – 17G Section 22 (Recognition and enforcement of in r inability to act) Article 14 Section 16 (Replacement of arbitrator) Article 15 Section 17 (Hearing following replacement of arbitrator) Section 18 (Fees and expenses of arbitrators) Section 19 (Protection from liability and finality of decisions) Section 20 (Competence as to jurisdiction) Article 16 PART IV – INTERIM MEASURES BY TRIBUNAL Article of the amended Section of this Act Model law Section 21 (Interim measures by Tribunal) Articles 17 – 17G Section 22 (Recognition and enforcement of interim Articles 17H – 17I measures) Section 23 (Powers of Supreme Court to issue interim Article 17J measures) PART V – CONDUCT OF ARBITRAL PROCEEDINGS Article of the amended Section of this Act Model law Section 24 (Duties and powers of Tribunal) Articles 18, 19 and 22 Section 25 (Statements of claim and defence) Article 23 Section 26 (Hearing) Article 24 Section 27 (Default of party) Article 25 Section 28 (Appointment of expert) Article 26 Section 29 (Court assistance in taking evidence) Article 27 Section 30 (Power of PCA to extend time limits) Section 31 (Representation) [Issue 5] I15A – 32 Revised Laws of Mauritius THIRD SCHEDULE—continued PART VI – THE AWARD Article of the amended Section of this Act Model law Section 32 (Rules applicable to substance of dispute) Article 28 Section 33 (Remedies and costs) Section 34 (Decision making by panel of arbitrators) Article 29 Section 35 (Settlement) Article 30 Section 36 (Form and contents of award) Article 31 Section 37 (Termination of proceedings) Article 32 Section 38 (Correction, interpretation and additional award) Article 33 Section 39 (Exclusive recourse against award) Article 34 Section 39A (Order setting aside arbitral award) Section 40 (Recognition and enforcement) Articles 35 and 36 PART VII – MISCELLANEOUS Article of the amended Section of this Act Model law Section 41 (Limitation and prescription) Section 42 (Constitution of Supreme Court and appeal) Article 6 Section 43 (Designated Judge) Section 44 (Appeal to Judicial Committee) Section 45 (Witness statements) [Second Sch. repealed and replaced by s. 4 (m) of Act 8 of 2013 w.e.f. 1 June 2013.] I15A – 33 [Issue 5]