Section 188: Competent jurisdiction

188. Competent jurisdiction (1) Proceedings under this Part may be brought before a Court by a plaintiff where— (a) the permanent residence or principal place of business of the plaintiff or the defendant is situated in Mauritius; (b) the place of departure or destination according to the contract of carriage is in Mauritius; or (c) the contract of carriage was entered into in Mauritius and the defendant has a place of business in, and is subject to, the jurisdiction of Mauritius. (2) After the occurrence of an incident causing damage, subject to agreement by the parties, a claim for damages may be submitted to arbitration, and section 187 shall, in such case apply to an arbitration as it applies to an action. (3) The Court before which proceedings are brought under subsection (1) to enforce a liability which is limited by virtue of section 186 may, at any stage of the proceedings, make such orders as appear to the Court to be just and equitable and shall, where the liability is or may be partly enforceable in other proceedings in Mauritius or elsewhere have jurisdiction to award an amount less than the Court would have awarded if the limitation applied solely to the proceedings before the Court, or to make any part of its award conditional on the result of any other proceedings.