Legal system of Mauritius

Mauritius has a hybrid legal system. The basic substantive content of part of Mauritian law is derived from the French codes: the Civil Code, the Code de Commerce and the Penal Code. The law of procedure and evidence are from the English Law but provisions of the Code de Procedure Civile are still in force.

The judicial system in Mauritius is largely inspired by the British adversarial system of litigation. It consists of the Supreme Court, the Intermediate Court and the District Courts which all have jurisdiction in civil and criminal matters, and the Industrial Court. The Supreme Court has unlimited jurisdiction to hear and determine any civil or criminal proceedings.

The Supreme Court also has jurisdiction to supervise any civil or criminal proceedings before any subordinate court and make such orders as it considers necessary.

The Supreme Court also has an appellate jurisdiction. The decisions of the appellate division are in turn subject to appeal to the Judicial Committee of the Privy Council on matters of great general or public importance.

Mauritius is also currently home to two leading arbitral institutions – the LCIA-MIAC, which is a partnership comprising the London Court for International Arbitration and the Mauritius International Arbitration Centre, and the Permanent Representative Office of the Permanent Court of Arbitration (PCA).

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