Insights

ArcelorMittal succeeds in Mauritius round of US$1.5bn arbitration battle with Essar Steel

4/08/2021

The Mauritius Supreme Court has handed down judgment on the challenge by Essar Steel against ArcelorMittal's US$1.5 billion arbitration award in proceedings relating to the supply of iron-ore pellets. For those who read the judgments of the Mauritius Supreme Court and (recently) the UK Privy Council in Betamax with interest (see my notes here: https://lnkd.in/g9U7cNZ and here: https://lnkd.in/gbKvfVp ), this judgment significantly and encouragingly advances Mauritian jurisprudence on the threshold for public policy challenges to awards. Here, Essar's complaints were found to be ill-founded and in any event not to amount to any basis to set aside the award on public policy grounds.

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"The relevant question, therefore, is not whether a party used (either well or at all) its opportunity to present its position, but rather whether it was afforded a reasonable opportunity to do so."