Arbitration has evolved into the preferred method of dispute resolution for parties seeking a prompt and effective solution to a deadlock, especially in commercial matters. Parties can however only resort to it if the consent of all those involved is obtained, usually at the time when the initial contract between the parties is concluded.

We offer a full range of services related to arbitration (whether domestic or international or foreign), including:

• drafting legally binding and commercially sound arbitration clauses and arbitration agreements;
• requesting or resisting applications for interim or protective measures pending arbitration proceedings, before the courts or the arbitral tribunal or arbitration institution;
• assistance with the constitution of the arbitral tribunal;
• legal representation during the arbitration proceedings;
• applying for or resisting enforcement of arbitral awards;
• applications to set aside arbitral award

We can offer assistance to banking and financial institutions and customers thereof in relation to disputes relating to the banker-customer relationship including:

• dealing with fraudulent transactions;
• data breaches;
• enforcement of securities granted to ensure repayment of banking facilities;
• claims under the Borrower Protection Act;
• disputes arising out of syndicated loan agreements;
• claims under the Sale of Immovable Property Act.

We have extensive experience in the enforcement of contractual claims, whether through litigation before the Mauritian courts, or in arbitration. Our team strives to adopt a strategy which matches your commercial realities and to pursue such recourses  as are best suited to what you seek to achieve.

We have dealt with a wide array of disputes cutting across all sectors of activity.

We have extensive experience dealing with complex criminal enquiries and fact intensive criminal prosecutions including for murder, manslaughter and dangerous drug offences.

Our services include:

• Assistance with enquiries and investigations conducted by the concerned authorities, including the police and the Financial Crimes Commission (formerly the Independent Commission Against Corruption);
• Motion for bail and variation orders;
• Applications for constitutional relief;
• Applications for immunity for whistleblowers;
• Legal representation during criminal proceedings, including trials and appeals.

Our services are retained by employers or employees at various stages of the employment relationship and we have experience:

• drafting employment agreements, and related documents and policies (leaves, data protection, bullying and harassment);
• advising on a number of issues arising in the employment context – occupational safety and health, managing leaves and other contractual/legal entitlements, dealing with abuses of sick leave, pension matters;
• assisting with the setting up of or defence in disciplinary matters for poor performance or misconduct;
• chairing disciplinary committees;
• appearing for the employer or the employee in claims for unfair termination.

We also have experience in relation to trade unions (recognition of trade union, bargaining with employers, scope of bargaining powers and industrial disputes).

We are well versed with family law matters and can assist with:

• divorce petitions on grounds of faute, rupture de vie commune, mutual consent or acceptation du principe de rupture ;
• urgent applications under the Domestic Violence Act, including for Protection Orders, Immediate Care and Custody applications;
• applications under the Convention on the Civil Aspects of Child Abduction Act to secure the prompt return of children to the place of their habitual residence;
• applications for alimony and variation orders related thereto;
• issues relating to use of the nom patronymique;
• actions for recherche de paternité and applications for désaveu de paternité ;
• applications for declaration d’absence or declaration of death;
• succession matters.

We assist with actual or impending insolvency situations. We have experience with:

• applying to set aside or resisting applications to set aside bankruptcy notices and statutory demands;
• applying for or resisting applications for winding up of companies incorporated in Mauritius;
• advising on and assisting cross-border insolvencies under the UNCITRAL Model Law framework;
• advising insolvency practitioners on their rights and powers under the Insolvency Act;
• advising on liquidation and distribution of assets.

We can assist with intellectual property rights administration  – registration of trademark, opposing trademark registrations, applications for border protection, applications for interim measures to stop IP infringement and claims for perpetual injunction and damages before the relevant court

We have experience assisting with disputes relating to purported medical negligence.

In addition to assisting with criminal enquiries and defending accused parties in connection with white collar crimes, we have experience assisting victims of fraud with asset recovery for assets situated in Mauritius. We can also assist with foreign asset tracing though our networks.

In Mauritius, we have advised on and appeared in applications for remedies under civil law as well as remedies available under common law principles – saisies conservatoire/revendication/arret, Anton Piller orders, Mareva and Chabra injunctions (freezing orders), disclosure orders (Norwich Pharmacal), tracing orders (Bankers Trust v Shapira orders).