“Taking Note” may end on a bad note for litigants
The importance of replying to each paragraph of pleadings and the consequence of just “taking note” of averments has been extensively underlined in the recent case of ESPACE AUTOMOBILE LTEE v ASCENCIA LTD (2024 SCJ 438).


Mauritian Supreme Court disregards formality over substance under the New York Convention
On 24 September 2024, the Supreme Court of Mauritius, composed of three Designated Judges, delivered two judgments that once again highlight the non-interventionist approach of the Supreme Court in support of international arbitration and in the spirit of the New York Convention.

Where Public Policy Collides: Arbitration v. Insolvency
In an important decision which is likely to be widely cited, and to have significant ramifications for practice in the English Companies Court, the Privy Council has today decided that the decision of the English Court of Appeal in Salford Estates (No 2) v. Altomart was wrongly decided: Sian Participation Corp v. Halimeda [2024] UKPC 16. Privy Council decisions are usually only of persuasive effect in England, but the Board has, for the first time, issued a Willers v. Joyce direction to the effect that Salford is no longer to be followed in England.


ESG and private equity – towards a new role for lawyers?
Since the outbreak of the COVID-19 pandemic, much has been said on the importance of environmental, social and governance (ESG) in the private equity industry. Recently, the concept gathered momentum through the coming into force of the EU Taxonomy¹ on 01 January 2022 and the EU Sustainable Financial Disclosure Regulation in 2022. As a result of these rules, disclosures under the Task Force on Climate-Related Financial Disclosures became mandatory.

Cayman Islands Regulatory Round Up 2024
This update takes a look back at the key legal and regulatory developments which occurred during 2023. It also considers key legal and regulatory developments which will affect persons, including financial services providers (FSPs) operating in and from within the Cayman Islands during 2024.


