a report assignment in harvard referencing
Budget: $10 – $30 USD
Negotiation amicable settlement and arbitration Assignment
Mauritius is a party to the Convention on the Recognition and Enforcement of Foreign Arbitral
Awards (the New York Convention). Critically assess the stand adopted by the Supreme Court of
Mauritius in respect of the recognition and enforcement of arbitral awards in Mauritius in light
of the hereunder cases laws.
(a) Mall of Mont Choisy Ltd v Pick N Pay Retailers 2015 SCJ 10
(b) UBS v/s MCB 2016 SCJ 43
(c) Rostruct Africa v/s Geosond Holding 2015 SCJ 399
(d) Flashbird Ltd v Compagnie de Sécurité 2018 SCJ 402
[Note: (i)additional case laws besides those mentioned above may be used – see Supreme Court
website. (ii) Also, it should be an analysis of the cases and not a reproduction and/or extract of
the cases. ]
Also, it is often put forward that the existing justice system cannot cope with the ever-increasing
burden of litigation. In view to relieve this burden, there has been a mix and match. An example
is the Supreme Court (Mediation) Rules 2010. Critically assess:
(a) the pros and cons, including the shortcomings of the said Rules in light of the “normal”
mediation process (supporting your answer with relevant recommendations, if any, in
relation to possible amendments which could be brought to the said rules for
improvement) and;
(b) in which circumstances you would recommend arbitration over the litigation
process(supporting your answer with relevant examples) , if any, in relation to possible
amendments which could be brought to the said rules for improvement.
Finally, critically assess the extent to which multi-tiered dispute resolution clauses have been a
success in transnational commercial contracts, laying particular emphasis on their strengths,
weaknesses and enforceability.
Mauritius is a party to the Convention on the Recognition and Enforcement of Foreign Arbitral
Awards (the New York Convention). Critically assess the stand adopted by the Supreme Court of
Mauritius in respect of the recognition and enforcement of arbitral awards in Mauritius in light
of the hereunder cases laws.
(a) Mall of Mont Choisy Ltd v Pick N Pay Retailers 2015 SCJ 10
(b) UBS v/s MCB 2016 SCJ 43
(c) Rostruct Africa v/s Geosond Holding 2015 SCJ 399
(d) Flashbird Ltd v Compagnie de Sécurité 2018 SCJ 402
[Note: (i)additional case laws besides those mentioned above may be used – see Supreme Court
website. (ii) Also, it should be an analysis of the cases and not a reproduction and/or extract of
the cases. ]
Also, it is often put forward that the existing justice system cannot cope with the ever-increasing
burden of litigation. In view to relieve this burden, there has been a mix and match. An example
is the Supreme Court (Mediation) Rules 2010. Critically assess:
(a) the pros and cons, including the shortcomings of the said Rules in light of the “normal”
mediation process (supporting your answer with relevant recommendations, if any, in
relation to possible amendments which could be brought to the said rules for
improvement) and;
(b) in which circumstances you would recommend arbitration over the litigation
process(supporting your answer with relevant examples) , if any, in relation to possible
amendments which could be brought to the said rules for improvement.
Finally, critically assess the extent to which multi-tiered dispute resolution clauses have been a
success in transnational commercial contracts, laying particular emphasis on their strengths,
weaknesses and enforceability.