In a judgment delivered by three Designated Judges of the Supreme Court of Mauritius on 10 December 2020, the Supreme Court reiterated the principle that “The court may only issue interim measures “to support, and not to disrupt the existing or contemplated arbitration proceedings” and that, too only where the arbitral tribunal “has no power or is unable for the time being to act effectively”.
It was held that “The Judge in Chambers was entitled, on the basis of the evidence which was adduced before her, to issue the interim measures as a matter of extreme urgency in respect of the shareholding and composition of the board of MOGS Storage. As already highlighted in the judgment, this court is bound to exercise its powers with regard to the interim measures in such a manner as to support and not to disrupt, existing arbitration proceedings.”
