Section 2: Interpretation

2. Interpretation (1) In this Act— “Amended Model Law” means the Model Law on International Commercial Arbitration adopted by UNCITRAL on 21 June 1985, as amended on 7 July 2006; “arbitral tribunal” means a sole arbitrator or a panel of arbitrators; “arbitration” means any arbitration, whether or not administered by a permanent arbitral institution; “arbitration agreement” means an agreement by the parties to submit to arbitration all or certain disputes which have arisen or may arise between them in respect of a defined legal relationship, whether contractual or not; “CLOUT database” means the database of case law on UNCITRAL texts (CLOUT), maintained by UNCITRAL and accessible, inter alia, on the website of UNCITRAL; “costs of the arbitration” means the costs of the PCA in discharging its functions under this Act, the fees and expenses of the arbitral tribunal, the legal and other expenses of the parties, and any other expenses related to the arbitration; “Court”— (a) means a Court in Mauritius; and (b) includes, where appropriate, a body or organ of the judicial system of a foreign State; but (c) does not include the PCA; “data message”— (a) means information generated, sent, received or stored by electronic, magnetic, optical or similar means; and (b) includes electronic data interchange (EDI), electronic mail, telegram, telex or telecopy; [Issue 7] I15A – 2 Revised Laws of Mauritius “Designated Judge” means a Judge nominated by the Chief Justice under section 43; “domestic arbitration” means any arbitration with its juridical seat in Mauritius, other than an international arbitration; “electronic communication” means any communication between parties by means of a data message; “GBL Company” means a company holding a Global Business Licence under the Financial Services Act; “international arbitration” means any arbitration where— (a) the parties to the arbitration agreement have, at the time of the conclusion of that agreement, their place of business in different States; (b) one of the following places is situated outside the State in which the parties have their place of business— (i) the juridical seat of the arbitration, if determined in, or pursuant to, the arbitration agreement; or (ii) any place where a substantial part of the obligations of the commercial relationship is to be performed or the place with which the subject matter of the dispute is most closely connected; (c) the parties have expressly agreed that the subject matter of the arbitration agreement relates to more than one State or that this Act is to apply to their arbitration; or (d) the arbitration arises under an arbitration clause included in the constitution of a GBL company pursuant to section 3D; “International Arbitration Rules” means Rules made under section 198 of the Courts Act for the purpose of this Act and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards Act; “juridical seat” means the juridical seat of an arbitration referred to in section 10; “Model Law jurisdictions” means jurisdictions which have, or have substantially, adopted the Model Law; “New York Convention” means the Convention on the Recognition and Enforcement of Foreign Arbitral Awards signed at New York on 10 June 1958; “PCA” means the Permanent Court of Arbitration, having its seat at The Hague, acting through its Secretary-General; “UNCITRAL” means the United Nations Commission on International Trade Law. I15A – 3 [Issue 7] International Arbitration Act in section 10; “Model Law jurisdictions” means jurisdictions which have, or have substantially, adopted the Model Law; “New York Convention” means the Convention on the Recognition and Enforcement of Foreign Arbitral Awards signed at New York on 10 June 1958; “PCA” means the Permanent Court of Arbitration, having its seat at The Hague, acting through its Secretary-General; “UNCITRAL” means the United Nations Commission on International Trade Law. I15A – 3 [Issue 7] International Arbitration Act (1A) For the purpose of determining whether an arbitration is an international arbitration— (a) where a party has more than one place of business, its place of business shall be that which has the closest relationship with the arbitration agreement; (b) where a party does not have a place of business, reference shall be made to its habitual residence. (2) Unless otherwise agreed by the parties, any request or other communication, in writing, in an arbitration governed by this Act shall be deemed to have been received on the day on which it is delivered where— (a) it is delivered to the addressee personally or at its place of business, habitual residence or mailing address or, if none of these can be found after making a reasonable inquiry, it is sent to the addressee’s last known place of business, habitual residence or mailing address by registered letter or any other means which provides a record of the attempt to deliver it; and (b) the means of communication used is any means of communication, electronic or otherwise, that provides a record of despatch and receipt of the communication, including delivery against receipt, registered post, courier, facsimile transmission, telex or telegram. (3) Where a provision of this Act, save for section 28, leaves the parties free to determine a certain issue, such freedom includes the right of the parties to authorise a third party, including an institution, to make that determination. (4) Where a provision of this Act refers to the fact that the parties have agreed or that they may agree, or in any other way refers to an agreement of the parties, such agreement shall include any arbitration rules referred to in that agreement. (5) Where a provision of this Act, other than sections 27 (a) and 37 (2) (a), refers to a claim, it shall also apply to a counterclaim, and where it refers to a defence, it shall also apply to a defence to such counterclaim. [S. 2 amended by s. 4 (a) of Act 8 of 2013 w.e.f. 1 June 2013.]