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Litigation, Arbitration and Regulatory

Our multidisciplinary litigation team has a solid track record in advising domestic and international clients on complex, high-value transactions.

Our litigation and regulatory lawyers are skilled in litigation, arbitration, investigations and alternative dispute resolution and will deploy that experience to help you devise the best strategies. Advising on regulatory law, we focus on areas such as international trade, antitrust and competition, global governance and more. 

In an environment where regulation and its enforcement will only increase, we recognize that effective compliance and avoidance of regulatory intervention are business critical issues for our clients. 

We have the local knowledge to apply the regulatory, economic, political and cultural context to legal issues and develop case strategies, including technically challenging or complex multi-jurisdictional matters. 

As a Mauritius-based international firm with vast experience of Mauritian legislation and related international regulation, we can ensure our clients take advantage of the avenues available to them. The Mauritius International Arbitration Centre (MIAC) commenced operations as an independent arbitration center on July 27, 2018, bringing the highest level of dispute resolution services to the international community, with a particular focus on disputes in and with relation to Africa. Mauritius has also signed a Host Country Agreement with the Permanent Court of Arbitration (PCA) of The Hague, which has appointed a permanent representative in the country.

We have the local knowledge to apply regulatory, economic, political and cultural context to legal issues and develop case strategies. We regularly handle technically challenging and complex multi-jurisdiction matters.

Our lawyers are experienced in providing the highest quality public law advice informed by a detailed knowledge and understanding of government and government processes. 

We advise both public and private sector clients on a wide range of matters arising from the development, passage, content, interpretation and application of laws and regulations, as well as dispute resolution and investigative processes, including judicial review, public inquiries, statutory appeals and tribunal processes.

Key contacts

Burty Francois
Burty Francois PartnerJuristconsult Chambers Full profile

Understanding global antitrust and competition rules is a necessary and prudent part of any successful business strategy in today's global economy. 

Whether your company is large or small, if it is considering forming a business alliance, moving into a new market, taking a new tack with its competitors, implementing a new production, marketing or distribution strategy, or growing through corporate development, our lawyers can assist with the requirements of antitrust and competition laws.

Key contacts

Burty Francois
Burty Francois PartnerJuristconsult Chambers Full profile

The aviation industry is constantly changing and novel issues regularly arise. The international nature of aviation means that when disputes arise, they tend to be cross-border. Varying business cultures, legal frameworks and business practices can make the resolution of disputes time-consuming and potentially very costly. 

Our lawyers are on hand to provide cost-effective assistance aligned to the client's commercial objectives and protection of its business.

Key contacts

Burty Francois
Burty Francois PartnerJuristconsult Chambers Full profile

In the aftermath of the global financial crisis and the more recent accusations regarding LIBOR and foreign currency exchanges, banks and other financial institutions need now, more than ever, to reduce and manage legal, regulatory, financial and reputational risks. 

We are experienced in handling large and complex investigations and claims and are regularly instructed by large financial institutions in relation to their most substantial and sensitive disputes.

Key contacts

Burty Francois
Burty Francois PartnerJuristconsult Chambers Full profile

Infrastructure, energy and construction projects are technically complicated, strategically important and high value and often involve multiple parties from numerous jurisdictions. 

We know that disputes do not take place in a vacuum, but are firmly rooted in cultural, political and economic environments, and we have experience dealing with such disputes, in Mauritius and beyond.

Key contacts

Burty Francois
Burty Francois PartnerJuristconsult Chambers Full profile

When securities litigation arises in the context of a broader corporate crisis, we work closely with our white collar and securities enforcement teams to assist clients in related civil and criminal investigations, enforcement proceedings, congressional inquiries and criminal trials. 

Our lawyers represent public corporations, individual officers and directors of corporations, underwriters, accounting firms, and investment advisers in every area of securities litigation.

Key contacts

Burty Francois
Burty Francois PartnerJuristconsult Chambers Full profile

Globalization of the world's markets has brought ever-increasing opportunities for international commerce. With this comes increased legal, regulatory, political, cultural, financial and reputational complexity and risk for international businesses in the form of disputes. 

We can effectively manage cross-border litigation for our clients. Our lawyers possess a comprehensive knowledge of local law, procedure and market conditions, and are skilled at combining that knowledge with broad international experience.

Key contacts

Burty Francois
Burty Francois PartnerJuristconsult Chambers Full profile

Our experienced environmental, health and safety lawyers design innovative and practical solutions to complex problems that arise from the laws and policies governing environmental protection, energy, natural resources, health and safety at work, and product safety. 

We anticipate, track and find solutions to the traditional, ever-changing and emerging environment, health and safety issues that concern local, national and international businesses.

Key contacts

Burty Francois
Burty Francois PartnerJuristconsult Chambers Full profile

Our lawyers have experience helping clients with international operations meet the evolving – and sometimes conflicting – expectations of regulatory and enforcement agencies. 

We guide clients in all aspects of designing, implementing and managing compliance programs, assessing and mitigating risk, remediating compliance issues and running internal investigations.

Key contacts

Burty Francois
Burty Francois PartnerJuristconsult Chambers Full profile

Our lawyers are experienced in handling complex, large-scale insurance and reinsurance disputes. 

We regularly represent insurers and reinsurers in in all forms of dispute resolution — litigation, arbitration and alternate dispute resolution — as well as providing counsel including coverage analyses, claim monitoring and assistance with policy drafting and regulatory issues.

Key contacts

Burty Francois
Burty Francois PartnerJuristconsult Chambers Full profile

Cross-border disputes are ever more significant in international business. International arbitration has increasingly become the preferred method of resolving such disputes, offering the benefits of greater flexibility, confidentiality and crucially, prospects for enforcement, than national court based litigation.

Key contacts

Burty Francois
Burty Francois PartnerJuristconsult Chambers Full profile

Understanding human rights impacts is an essential component of integrity, risk management and citizenship. In addition to minimizing litigation risks, demonstrating respect for human rights is vital to building a culture of trust and integrity, protecting brand profile and enhancing reputation, managing investor and shareholder relations and making companies attractive business partners. 

Our international business and human rights lawyers have multi-jurisdictional, cross-practice experience to support business in this emerging area.

Key contacts

Burty Francois
Burty Francois PartnerJuristconsult Chambers Full profile

Our international trade lawyers offer trade, lobbying and communications support to public and private sector clients in Africa and beyond. 

Our objective is to help our clients, whether business or government to navigate their way through the complex network of regulation, legislation and standards that govern global policy making; to understand policy creation and decision making processes and to ensure their opinion is heard and heeded in global capitals.

Key contacts

Burty Francois
Burty Francois PartnerJuristconsult Chambers Full profile

Comprising white collar crime and regulatory defense lawyers, dedicated investigative lawyers, and former regulators, government attorneys and prosecutors, our multi-disciplinary and cross-border team can deal with all kinds of investigations, in particular relating to audit inquiries, bribery and corruption, fraud, money laundering, market abuse, tax evasion, product liability, labor law issues, sanctions breaches and anti-competitive behavior.

Key contacts

Burty Francois
Burty Francois PartnerJuristconsult Chambers Full profile

IT and telecommunication services are business critical. It is of paramount importance for businesses to have at their disposal lawyers who understand the IT and telecoms sector, are experienced in handling large-scale commercial, regulatory and competition disputes and who can deliver value for money. 

We are experienced in all methods of dispute resolution including litigation, international arbitration, mediation and expert determination.

Key contacts

Burty Francois
Burty Francois PartnerJuristconsult Chambers Full profile

Our lawyers are well placed to assist clients with all aspects of merger control. 

We are accustomed to navigating the complexities of different merger control regimes and coordinating our efforts across the globe to ensure a timely and consistent approach.

Key contacts

Burty Francois
Burty Francois PartnerJuristconsult Chambers Full profile

Our lawyers assist our manufacturing clients on risk, compliance and business management at every stage of the product life cycle. 

We are positioned to defend claims of any scope, in Africa and beyond. We help our clients keep ahead of the game on compliance with product safety legislation, lobbying and engaging if necessary with government legislatures and the public regulatory authorities.

Key contacts

Burty Francois
Burty Francois PartnerJuristconsult Chambers Full profile

Regulatory bodies and law enforcement agencies globally are now more powerful than ever before. They are showing greater willingness to use the powers made available to them, encouraged by government initiatives, to persuade companies that regulation must be taken seriously. 

Our lawyers can help clients manage a crisis, provide guidance through an investigation and provide advice on becoming fully compliant with specific regulations in Mauritius and beyond.

Key contacts

Burty Francois
Burty Francois PartnerJuristconsult Chambers Full profile

Experience has included advising:

  • A multinational company with the drafting of a request for arbitration to be submitted to the International Chamber of Commerce in Paris in accordance with the ICC Rules of Arbitration, in connection with a USD45 million claim.
  • Credit Guarantee in South Africa in drafting legal notice and having same served on Mauritian entities with regards to debt collection and to represent the creditors before the Commercial Court in litigation matters.
  • A multinational company in litigation with respect to interim measures sought in Mauritius in relation to an international arbitration in UAE.
  • An Indonesian creditor in relation to recovery of over USD6 million from a Mauritian based debtor through court winding up petition.
  • Major Mauritian insurance companies and appearing before the various Courts of Mauritius.

COVID-19 and its impact on contractual performance in Mauritius - Force Majeure

While the outbreak of the COVID-19 pandemic subsists, the risks for businesses of not being able to fulfil their contractual obligations or of experiencing the default of the other contracting party is a real concern for economic operators. To manage this unprecedented situation and provide an adequate response, a careful analysis of the contract terms is essential to enable parties to exercise their rights if a dispute arises from non-performance. As a first step, it will generally be a question of analysing the possibility of invoking the defence mechanism of force majeure.

An old and active tradition

This week is the international Arbitration Week held by MARC, the Mauritius Chamber of Commerce & Industry, Arbitration and Mediation Centre. It is a conference with international and local participants to discuss about international and local arbitration in the context of Mauritius.