Section 33: Remedies and costs

33. Remedies and costs (1) Unless otherwise agreed by the parties, the arbitral tribunal— (a) may make a declaration as to any matter to be determined in the proceedings; and (b) may order the payment of a sum of money, in any currency; and I15A – 19 [Issue 2] International Arbitration Act (c) has the same powers as a Court in Mauritius— (i) to order a party to do or refrain from doing anything; and (ii) to order specific performance of a contract; and (iii) to order the rectification, setting aside or cancellation of a deed or other document; and (d) may award simple or compound interest for such period and at such rate as it considers meets the justice of the case. (2) Unless otherwise agreed by the parties— (a) the costs of the arbitration shall be fixed and allocated by the arbitral tribunal in an award, applying the general principles that— (i) costs should follow the event except where it appears to the arbitral tribunal that this rule should not apply or not apply fully in the circumstances of the case; and (ii) the successful party should recover a reasonable amount reflecting the actual costs of the arbitration, and not only a nominal amount; and (b) in the absence of an award fixing and allocating the costs of the arbitration, each party shall be responsible for its own costs, and shall bear in equal share the costs of the PCA, the fees and expenses of the arbitral tribunal, and any other expenses related to the arbitration.