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Mauritius’ ongoing arbitration case

In November of 2015, Mr Dawood Rawat an investor in Mauritius issued a notice for arbitration against the government of Mauritius. Since then the government has reportedly submitted its defence and raised objections including on matters related to jurisdiction. The parties are yet to agree on where the arbitration will be held and the arbitral tribunal is yet to be fully constituted.

The dispute relates to the Mauritian government’s takeover of British American Insurance Company. In the notice of arbitration and statement of claim published on ITA Law, Mr. Rawat is claiming misappropriation of his investments, his eviction and harm caused to him and his family. As a dual French and Mauritian national, he is basing his claim against the government on the bilateral investment (BIT) treaty between France and Mauritius.

The settlement of dispute clause provided by the Finland-Mauritius BIT is applicable through the Most Favored Nation (MFN) clause contained in the France-Mauritius BIT. The Finland-Mauritius provides three options with regards to dispute resolution. Parties may go to a court of the host state, ICSID or have an ad-hoc arbitration based on UNCITRAL rules in New York Convention signatory country. The claimant has opted for the third option, an ad hoc arbitration based on UNCITRAL rules. He has also nominated Maître Jean-Christophe Honlet as arbitrator. The parties are yet to agree on this matter.

Mr. Rawat is seeking restitution of his assets, however if this is not possible he is claiming $1bn as well as moral compensation.

Mr Rawat is represented by Dr. Andrea Pinna and Prof. Xavier Boucobza, both based in Paris.

The government of Mauritius is represented by Lalive, Geneva office.

By: iarbafrica

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