December 4, 2024
Practice Note on MARC’s Special Mediation Package for SMEs
A. Introduction
Small and Medium Enterprises (‘SMEs’) and start-ups are pivotal to economic growth, offeringinnovation and employment opportunities. However, their nascent structures often renderthem susceptible to disputes that can impede progress. Conflicts are inherent in business
operations, arising from daily transactions and complex relationships. If not managedeffectively, these disputes can lead to significant setbacks, including loss of productivity andopportunities. Conversely, a strategic approach to conflict resolution can transform challenges into avenues for growth.
At the Mediation and Arbitration Center (Mauritius) Ltd (‘MARC’), we are committed toempowering SMEs with tools and frameworks that facilitate cost-effective, confidential, and flexible dispute resolution, fostering an environment conducive to sustainable development.
September 30, 2024
Our Registrar in action at Rushmore Business School in delivering an Impactful Lecture on ADR, Mediation and Arbitration
On 24th September 2024, MARC’s Registrar, Alexis Merle, delivered an engaging guest lecture at Rushmore Business School on the importance of mediation and arbitration in dispute resolution. Titled “Mediation and Arbitration in Mauritius in a Nutshell,” the lecture provided an overview of Mauritius’ legal frameworks, including the Code de Procédure Civile and the International Arbitration Act 2008, and emphasized the need for stronger mediation legislation. Mr. Merle highlighted the benefits of mediation as a cost-effective alternative to litigation and inspired students to explore ADR as a career. MARC remains committed to promoting ADR and enhancing Mauritius’ status as a regional hub for dispute resolution.
February 8, 2024
MCCI-IORA Collaboration: International Symposium on Dispute Resolution Marks Key Milestone
The Indian Ocean Rim ADR Symposium 2024 was held at the Labourdonnais Waterfront Hotel, drawing a diverse audience of industry leaders, legal experts, and representatives of private and public sector organisations on Thursday 8 February 2024.
Organised by the Mauritius Chamber of Commerce and Industry (MCCI), with the support of the Indian Ocean Rim Association (IORA) and with the Mediation and Arbitration Center of Mauritius (MARC) in the forefront, the symposium aimed to explore how mediation and arbitration can contribute to facilitating investment in the region by improving certainty, efficiency and competitiveness in resolving disputes within the financial landscape.
Mrs. Namita Jagarnath Hardowar, President of the MCCI and MARC, stressed ADR’s importance in reinforcing Mauritius’ status as a Regional Hub of Excellence for ADR. She noted, “This symposium marks a crucial juncture for Mauritius as we seek to play a larger role in ADR regionally, aligning with our economic aspirations to expand our International Financial Centre (IFC) and establish Mauritius as a hub for ADR excellence.“
The guest of honour, the Honourable Mahen Kumar Seeruttun, former Minister of Financial Services and Good Governance, emphasised ADR’s transformative potential in bolstering investor confidence and positioning Mauritius as a premier investment gateway to Africa. He stated, “Investors need certainty, stability and predictability. This is the reason for which when there is a clear process for ADR mechanism, investors feel comforted to use the International Financial Centre.”
The Secretary General of the IORA acknowledged the significant progress made through the Indian Ocean Rim Association Dispute Resolution Centre Project and stated, “The IORA Dispute Resolution Centre Project stands as a testament to our commitment to collaboration, peace, and prosperity. By strengthening our dispute resolution mechanisms, we fortify the foundations of our shared vision for the Indian Ocean region“.
Me Alexis Merle, Registrar of MARC, highlighted the collaborative efforts in fostering understanding and cooperation in ADR across all 23 IORA member states. “This symposium is not just a convergence of minds; it is a testament to the collective commitment towards fostering understanding, collaboration, and innovation in the realm of Alternative Dispute Resolution. As we stand at the threshold of this significant event, we recognize the transformative potential of mediation and arbitration in shaping the future of legal and business landscapes, both regionally and globally.”, he remarked.
The Indian Ocean Rim ADR Symposium 2024 reflects Mauritius’ commitment to fostering a conducive environment for dispute resolution and investment facilitation. With insightful discussions and strategic collaborations, the Symposium aims to position Mauritius as a hub for international arbitration and mediation, strengthening its role as a leading financial services destination in the Indian Ocean Region and beyond. It featured a series of panel discussions bringing together world-renowned experts to examine the challenges and opportunities in ADR in the Indian Ocean region.
The first panel focused on mediation as a means of resolving disputes and attracting foreign direct investment (FDI) in the IORA region, moderated by Alexis Merle, Registrar of the MARC. Panellists, including Pr. Francis Law, Chairman of the International Dispute Resolution and Risk Management Institute, Hong Kong, Pr. Rajesh Sharma, Associate Professor, RMIT University, Australia and Farid Karachiwala, Partner at JSA Advocates and Solicitors, India. They shared their perspectives on the increasing importance of mediation in the global business climate.
The second panel was on investment disputes and arbitration, moderated by Neeti Sachdeva, Registrar of the Mumbai Centre for International Arbitration (MCIA). Panellists included experts like Arish Bharucha, Partner at Howard Kennedy LLP, London, Joel Lambert, Head of Legal at Mauritius Commercial Bank Ltd, Mauritius, and Natasha Behary-Paray, Senior Associate at ENSafrica, Mauritius. They examined emerging trends in investment dispute resolution and emphasised the importance of a robust legal framework to promote investor confidence.
The third panel was moderated by Madhvendra Singh, CEO of Gujarat Maritime Cluster, India, this discussion explored maritime disputes in the IORA region and emerging trends. Panellists, such as Simon Milnes KC, Barrister-at-Law at Twenty Essex, London, Ashwin Shanker, Advocate at the Chambers of George Rebello, India, and Dhaval Vussonji, Managing Partner at Dhaval Vussonji & Associates, India, offered insights into the unique challenges that the maritime sector faces.
The last panel was led by Timothy Cooke, Partner at Reed Smith, Singapore, this panel addressed hot topics in ADR. Panellists, including Jonathan Choo, Managing Director at Vantage Chambers, Singapore, Ian Clemmence, Partner at PwC, London and Pierre Burger, Director at Werksmans Attorneys, South Africa, discussed about the importance of capacity building in the region, and the latest trends in valuation methods for damages in international arbitration.
Prior to the ADR, the MCCI and MARC management had the opportunity to meet the Minister of Foreign Affairs, Regional Integration and International Trade and the Attorney General, Honourable Maneesh Gobin. Click here to read more.
From Left to Right: Mrs Sarada Moothoosamy, Head of Finance and Management, MCCI, Mr Charles Harel, Vice-President, MCCI, His Excellency Dr Salman Farisi, Secretary General of the IORA, Me Alexis Merle, Registrar of the MARC, Mrs Namita Jagarnath Hardowar, President of the MCCI, the Honourable Mahen Kumar Seeruttun, former Minister of Financial Services and Good Governance, Dr Drishtysingh Ramdenee, Secretary General, MCCI and Mrs Rooma Narrainen, Head of Advocacy, MCCI.
February 7, 2024
ADR in Mauritius: MCCI and MARC Hold Working Session with the Attorney General
In line with Mauritius’ commitment to advancing Alternative Dispute Resolution (ADR), the Mauritius Chamber of Commerce and Industry (MCCI) and the Mediation and Arbitration Center (MARC) had a high-level working session with the Honourable Maneesh Gobin, Minister of Foreign Affairs, Regional Integration, and International Trade, and the Attorney General.
This meeting has been organised in the margin of the Indian Ocean Rim ADR Event 2024, a symposium held on Thursday 8 February 2024 at the Labourdonnais Waterfront Hotel.
The meeting was attended by the Secretary General of the MCCI, Dr Drishtysingh Ramdenee, Me Alexis Merle, Registrar of the MARC, Mr Timothy Cooke, Partner at Reed Smith, Singapore, Mr Jonathan Choo, Managing Director at Vantage Chambers, Singapore, Mr Madhvendra Singh, CEO at Gujarat Maritime Cluster and Ms Neeti Sachdeva, Registrar of MCIA, India, from the Indian Ocean Rim Core Association (IORA) Core Group, amongst others.
The MCCI and the MARC, key players of Mauritius’ business landscape, have long been at the forefront of promoting ADR in the region. With the support of the IORA, these efforts have culminated in the symposium, aimed at shaping the future of ADR in the Indian Ocean Region.
Against this backdrop, the working session with the Honourable Minister Maneesh Gobin provided a vital opportunity to synchronise national goals with worldwide priorities in advancing ADR and positioning Mauritius as the preferred seat for international arbitration in the region.
The working session also emphasised collaborative efforts to leverage ADR’s transformative potential.
Discussions centred on the burgeoning significance of ADR on the global stage, underscored by its efficacy in optimising cost and time efficiency.
The establishment of an Indian Ocean Centre of Excellence in Mauritius, aimed at consolidating the nation’s attractiveness as an ADR hub was also discussed, as well as the need for the country to embrace international best practices, the envisioned centre promises to elevate Mauritius’ stature as a pioneering advocate for ADR.
With ADR serving as a catalyst for local enterprise and bolstering the financial services sector, this initiative promises to chart new horizons for Mauritius.
From Left to Right: Dr Drishtysingh Ramdenee, Secretary General of the MCCI, Mrs Sarada Moothoosamy, Head of Finance and Management, MCCI, Me Alexis Merle, Registrar of the MARC, Mr Madhvendra Singh, CEO at Gujarat Maritime Cluster, Hon. Maneesh Gobin, the Attorney General, Mrs Neeti Sachdeva, Registrar of the Mumbai Centre for International Arbitration, Mr Timothy Cooke, Partner at Reed Smith, Singapore, Mr Jonathan Choo, Managing Director at Vantage Chambers, Singapore, and Mrs Minakshi Dabee-Hauzaree, Director of Regional Integration Division, Ministry of Foreign Affairs.
July 25, 2023
Professional International Mediator Training Course (15 – 19 MAY 2023) Highlights
The Mediation and Arbitration Centre (Mauritius) Ltd (“MARC”) proudly announces the successful launch of its Professional International Mediator Training Course, marking the start of a series of training courses to come.
Held in collaboration with the International Dispute Resolution and Risk Management Institute (“IDRRMI”) and the Academy of International Dispute Resolution & Professional Negotiation (“AIDRN’’), the course took place at the Caudan Arts Centre, Port Louis from the 15th of May 2023 to the 19th of May 2023. Totalling 50 hour and spread over 5 days, the training was conducted in English and provided participants with valuable hands-on experience in Mediation. Highly experienced and internationally renowned trainers included Prof. Dr Rajesh Sharma, Prof. Dr. Francis Law and Dr. Alfred Chan.
The training attracted participants from diverse backgrounds, such as legal professionals, engineers, investment advisers, transaction analysts, HR professionals, company directors, and the Vice-President of the Commission for Conciliation and Mediation of the Ministry of Labour, Industrial Relations and Employment of Mauritius.
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