2500 words

Question 1 (25 marks)

You can answer this question in English or French. The question is based on domestic arbitration.

(a) Elaborer sur les éléments à prévoir dans la clause arbitrale. (10 marks)

(b) Comment prendre fin l’instance arbitrale et que doit contenir la sentence arbitrale? (15 marks)

Question 2 (25 marks)

Mary is negotiating a contract with Sam. The parties have the intention to incorporate an arbitral clause in the contract. Advise Mary on the following issues:

(a) Explain to her the meaning of these terms (i) Separability of the arbitral clauses and (ii) Party autonomy? (10 marks)

(b) Explain to her how an arbitral award is recognized and enforced in Mauritius. (8 marks)

(c) What are the qualities an arbitrator shall possess? (7 marks)