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.
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.
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.
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.
Established in 2011 as a joint venture between the London Court of International Arbitration (LCIA) and the Government of Mauritius, the LCIA-MIAC Arbitration Centre has, along with other arbitration institutions in Mauritius, helped Mauritius to develop its reputation as an ‘Arbitration Hub’ in the Indian Ocean.