“Singapore is the most preferred jurisdiction for arbitration and mediation”

We are hopeful that at some point in time, we will also have the ratification of the Singapore Convention, where India would have legislation in place similar to that of Singapore.

Singapore, a reputable centre, is close to you. In what way could Mauritius be interesting to Indians as an arbitration centre?

Businesses in India who choose arbitration shifted from London to Singapore for three reasons. The first one is the time and the cost. London is far for Indians, compared to Singapore. Secondly, we have the effective mediation laws in Singapore. The enforceability of awards which are passed by the Singapore International Arbitration Centre (SIAC) is confirmed by the Singapore Arbitration Court, and then directly executed in our country. We hence have a system which is not only faster and cost efficient, but there is also enforcement on an expedited basis, without the usual hassle and trouble.

What is your assessment of Mauritius as an arbitration jurisdiction?

I’ll be frank with you. I have never heard of any party who looks at arbitration in Mauritius. The two jurisdictions that Indian businesses look at when they deal with cross-border parties and transaction are Dubai, because it’s also close, and Singapore.

Dubai was considered as an interesting arbitration jurisdiction at first because they were affiliated to the LCIA (London Court of International Arbitration). DIFC (Dubai International Financial Centre) has however been abolished, and DIAC (Dubai International Arbitration Centre) has now come in. The problem with DIAC is that you will need to actually get it enforced by filing a proceeding in the Sharia Court before it can be enforceable. So, Dubai has taken a little bit of a backseat.

Singapore is the most preferred jurisdiction. The Singapore Arbitration Centre awards are given the stamp of approval of the Singapore Arbitration Court.

There’s a dispute which is currently going on between two big giants, Zee TV and Sony. Sony was supposed to acquire Zee TV. The dispute is before the SIAC in Singapore. The current biggest dispute in terms of contractual issues is before the Singapore jurisdiction because of the faith, the time and the enforcement process.

I don’t have any experience in referring or doing arbitrations or mediations in Mauritius, but I’m sure that if the system is there, Indian business houses could look at Mauritius as an alternate. This is what this conference in Mauritius is all about: how IORA countries can have a more effective way of enforcing contractual obligations through ADR or mediation.

Is this your first time here, in Mauritius?

 It’s my first time here.

What would you bring back to India from this experience? 

On a personal level, I just love the country. It’s so beautiful. The moment I could see it from below the clouds, it was completely green and the topography is amazing. The weather is very good, and the people very warm. The Air Quality Index is very good. Yours is four, ours is 400. We are living in a factory back home. These are the takeaways as far as my personal experience is concerned.

Coming back to the conference, I’ve been listening to a lot of panellists, and I think it’s a great platform where people from the IORA states are exchanging their views.

IORA can be a very successful platform because it is 23 countries. When 23 countries join together and try and do something, their voice is going to be heard by the whole world. This is very interesting. India, by itself, may or may not be able to do it, but India being a part of IORA is very meaningful.

The current biggest dispute (between Zee TV and Sony) in terms of contractual issues is before the Singapore jurisdiction because of the trust, the time and the enforcement process.