Section 3C: Determination of threshold issues

3C. Determination of threshold issues (1) Subject to section 10 (1), any issue as to— (a) whether an arbitration is an international arbitration; (b) whether the juridical seat of an international arbitration is in Mauritius; or (c) whether the First Schedule or any of its provisions applies to an international arbitration, shall be determined by the arbitral tribunal. [Issue 7] I15A – 6 Revised Laws of Mauritius (2) Where an issue referred to in subsection (1) arises before a Court or the PCA— (a) where the arbitral tribunal has been constituted, that Court or the PCA shall decline to decide that issue and refer it for determination by the arbitral tribunal; (b) where the arbitral tribunal has not yet been constituted, the Court or the PCA may make a provisional determination on the issue pending the determination by the arbitral tribunal. [S. 3C inserted by s. 4 (e) of Act 8 of 2013 w.e.f. 1 June 2013.]