Marc Albert Rene Laporte (Appellant) v Eric Georges Lucien Laporte (Respondent) (Mauritius)

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Case summary
Appeal
Change log

Case summary

Case ID

JCPC/2024/0053

Jurisdiction

Mauritius

Parties

Appellant(s)

Marc Albert Rene Laporte

Respondent(s)

Eric Georges Lucien Laporte

Issue

Whether arbitral award to be set aside for breach of natural justice.

Facts

Marc and Eric are brothers. They have long been involved in a successful family business selling construction materials in the Republic of the Congo. Since around 2014, however, the brothers have been discussing closing down the business and distributing the proceeds. To that end, in 2018 and 2019, they entered into a series of agreements as to the distribution of business assets. A dispute arose in relation to those agreements and was referred to arbitration. The arbitrator was chosen by the arbitral body and signed a declaration as to his impartiality and independence. The arbitration hearing took place in July 2022, and the award – in favour of Eric – was issued in January 2023. Marc applied to the Supreme Court of Mauritius to have the award set aside under section 39 of the International Arbitration Act 2008, on the basis of a breach of natural justice (e.g. alleging, among other things, that the arbitrator was biased). The Supreme Court of Mauritius declined to intervene to set aside the award. Marc now appeals to the Judicial Committee of the Privy Council.