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Section 41: Limitation and prescription

International Arbitration Act · PART VII: MISCELLANEOUS

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.

41. Limitation and prescription (1) No enactment relating to limitation or prescription in Mauritius shall apply to arbitration proceedings merely by reason of the fact that the juridical seat of the arbitration is Mauritius. (2) Unless otherwise agreed by the parties, the law or rules of law determined under section 32 shall apply to any issue of limitation or prescription arising in arbitral proceedings under this Act. [Issue 5] I15A – 24 Revised Laws of Mauritius (3) The Supreme Court may order that, in computing the time prescribed for the commencement of proceedings in respect of a dispute which was the subject of— (a) an award which the Court orders to be set aside or declares to be of no effect; or (b) the affected part of an award which the Court orders to be set aside in part or declares to be of no effect in part, the period between the commencement of the arbitration proceedings and the date of an order under paragraph (a) or (b) shall be excluded.

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