Section 3D: Arbitration clause in constitution of GBL company
consolidated text (as at 2013). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
3D. Arbitration clause in constitution of GBL company
(1) The shareholders of a GBL company may include an arbitration clause, in
the constitution of the company, which provides that any dispute arising out of
the constitution of the company shall be referred to arbitration under this Act.
(2) Notwithstanding any agreement to the contrary, the juridical seat of
any arbitration under this section shall be Mauritius and the First Schedule
shall apply to that arbitration.
(3) The shareholders of a GBL company may incorporate an arbitration
agreement in the constitution of the company, whether by reference to the
model arbitration clause specified in the Second Schedule or otherwise—
(a) at the time of the incorporation of the company; or
(b) at any time after the incorporation of the company, by a unanimous resolution of all the current shareholders.
(4) Nothing in this section shall limit—
(a) the right of the shareholders of a GBL company to agree to the
arbitration of a dispute concerning or arising out of an agreement
other than the constitution of the company, such as a shareholders' agreement; or
(b) the right of a GBL company to agree to the arbitration of a dispute between itself and a third party,
and subsection (2) shall not apply to any such arbitration.
[S. 3D inserted by s. 4 (e) of Act 8 of 2013 w.e.f. 1 June 2013.]