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Case details

Flashbird Ltd (Appellant) v Compagnie de Securite Privee et Industrielle SARL (Respondent) (Mauritius)

Case ID: JCPC 2019/0106

Jurisdiction: Supreme Court of Mauritius

Case summary

Issue

This appeal concerns an application under sections 39 and 39A of the Mauritian International Arbitration Act to set aside an arbitral award on the basis that the composition of the arbitral tribunal was not in accordance with the arbitration clause agreed between the parties. The outcome of the appeal will depend on the proper construction of the arbitration clause in question and, in particular, on whether the rules properly applicable to the arbitration were those of the International Court of the International Chamber of Commerce or those of the Mauritius Chamber of Commerce and Industry’s Arbitration and Mediation Centre.

Facts

Flashbird Ltd and Compagnie de Securite Privee et Industrielle SARL ("CSPI") entered into a contract for the provision of certain services by Flashbird. The contract contained an arbitration clause that provided for the resolution of any disputes between the parties by arbitration but contained references to both, the Mauritius Chamber of Commerce and Industry’s Arbitration and Mediation Centre or ‘MARC’ and the International Court of the International Chamber of Commerce or ‘ICC’. Certain disputes arose between the parties and CSPI made a request for arbitration under the contract.

Pursuant to that request the MARC appointed a sole arbitrator to decide the dispute. Flashbird protested the appointment of a sole arbitrator on the basis that the arbitration should be governed by the rules of the ICC. The arbitrator issued an award holding Flashbird liable to CSPI. Flashbird applied to the Supreme Court of Mauritius for an order setting aside the arbitral award on the basis that the ICC rules should have been applied to the arbitration such that a panel of three arbitrators should have been appointed instead of a sole arbitrator. The Supreme Court dismissed Flashbird’s application. Flashbird now appeals to the Judicial Committee of the Privy Council.

Parties

Appellant(s)

Flashbird Ltd

Respondent(s)

Compagnie de Securite Privee et Industrielle SARL

Appeal

Justices

Lord Briggs, Lady Arden, Lord Hamblen, Lord Leggatt, Lady Rose

Hearing start date

Thursday 21 October 2021

Hearing finish date

Thursday 21 October 2021