Section 23: Powers of Supreme Court to issue interim measures

23. Powers of Supreme Court to issue interim measures (1) (a) The Supreme Court shall have the same power to issue an interim measure in relation to arbitration proceedings as it has in relation to proceedings in Court, whether the juridical seat of the arbitration is in Mauritius or not, and whether that power is usually exercised by a Judge in Chambers or otherwise. (b) In exercising a power referred to in paragraph (a), the Court shall have regard to the specific features of international arbitration. (2) Unless the parties otherwise agree, the power referred to in subsection (1) (a) shall be exercised in accordance with subsections (2A) to (6). (2A) The Court shall exercise the power referred to in subsection (1) (a) in such a manner as to support, and not to disrupt, the existing or contemplated arbitration proceedings. (3) Where the case is one of urgency, the Court may, on the ex parte application of a party or proposed party to the arbitral proceedings, make such order as it thinks necessary. (4) Where the case is not one of urgency, the Court shall act only on the application of a party to the arbitral proceedings made— (a) on notice to the other parties and to the arbitral tribunal; and I15A – 15 [Issue 5] International Arbitration Act (b) with the permission of the arbitral tribunal or the agreement in writing of the other parties. (5) The Court shall act only if or to the extent that the arbitral tribunal, and any arbitral or other institution or person vested by the parties with power in that regard, has no power or is unable for the time being to act effectively. (6) Where the Court so orders, an order made by it under this section shall cease to have effect on the order of the arbitral tribunal or of any such arbitral or other institution or person having power to act in relation to the subject matter of the order. [S. 23 amended by s. 4 (g) of Act 8 of 2013 w.e.f. 1 June 2013.] PART V – CONDUCT OF ARBITRAL PROCEEDINGS