Section 22: Recognition and enforcement of interim measures

22. Recognition and enforcement of interim measures (1) An interim measure granted by an arbitral tribunal shall, subject to this section, be recognised as binding and, unless otherwise provided by the arbitral tribunal, enforced on application to the Supreme Court, irrespective of the country in which it was issued. (2) The party who is seeking or has obtained recognition or enforcement of an interim measure shall promptly inform the Supreme Court of any termination, suspension or modification of that measure. (3) The Supreme Court may, on an application for recognition or enforcement of an interim measure and if it considers it proper, order the requesting party to provide appropriate security if the arbitral tribunal has not already made a determination with respect to security or where such a decision is necessary to protect the rights of third parties. [Issue 2] I15A – 14 Revised Laws of Mauritius (4) Recognition or enforcement of an interim measure may be refused only— (a) at the request of the party against whom it is invoked where the Court is satisfied that— (i) the refusal is warranted on a ground set out in section 39 (2) (a); (ii) the arbitral tribunal’s decision with respect to the provision of security in connection with the measure issued by the arbitral tribunal has not been complied with; or (iii) the interim measure has been terminated or suspended by the arbitral tribunal or, where so empowered, by the Court of the State in which the arbitration takes place or under the law of which that interim measure was granted; or (b) where the Court finds that— (i) the measure is incompatible with the powers conferred on the Court unless the Court decides to reformulate the measure to the extent necessary to adapt it to its own power and procedures for the purposes of enforcing that measure and without modifying its substance; or (ii) any of the grounds set out in section 39 (2) (b) apply to the recognition and enforcement of the measure. (5) Any determination made by the Court on any ground in subsection (4) shall be effective only for the purposes of the application to recognise and enforce the interim measure. The Court where recognition or enforcement is sought shall not, in making that determination, undertake a review of the substance of the interim measure.