Bio

Dushyant Ramdhur is a partner in the Dispute Resolution department of Appleby in Mauritius.

He practices in the areas of corporate and commercial laws, specialising in commercial litigation and advising on various matters including insurance, industrial disputes, enforcement procedures and international arbitration.

He joined Appleby in 2015 to set up the Dispute Resolution department. Prior to that he was involved in commercial litigation. From 2006 to 2009, he managed his own practice and in 2010 he joined Etude Guy Rivalland, where he advised leading listed Mauritian companies, including the Mauritius Union Group, United Docks Ltd, Air Mauritius Ltd and private companies: the New India Assurance Company Ltd, Axys Leasing Ltd, DHL and Gamma Civic.

Between 2006 to 2008, Dushyant was retained as an assessor to the Central Electricity Board where he had the privilege to assist and learn from Late Honourable Prithviraj Fekna, Judge of the Supreme Court of Mauritius.

Dushyant was the first attorney to draft a Notice of Bankruptcy as per the provisions of the Insolvency Act and his draft has been adopted and is widely being used by his fellow colleagues.

Work Highlights

Since 2015, Dushyant has regularly represented clients such as Canada Life International Ltd, Eurasian Resources Group Sarl, Asedor Finance Ltd, Essar, Standard Bank Trust (Company) Limited, Standard Chartered Bank, Sir Christopher Hohn, Cloud Innovation Ltd, TPG Axon, Lesotho Telecommunication Authority and Africore Energy Company Ltd both in Court and in international arbitration. Dushyant regularly instructs, with the leave of the Chief Justice, Senior Counsel and King’s Counsel from foreign jurisdiction.

In 2017, Dushyant appeared for the petitioners in what was then the largest insolvency proceeding in Mauritius and in 2019 participated in an ultra-high net worth trust matter which resulted in the recognition of the principles laid down in Pitt vs. Holt in the Mauritius case laws. In 2019, Supreme Court of Mauritius, in a landmark judgment, accepted the arguments submitted by Dushyant on behalf of Appleby’s client that breach of an ex partesaisie revendication” order cannot be sanctioned by way of contempt of court proceedings. This judgment was later confirmed on appeal.

As from 2019, Dushyant has been actively participating in international arbitration proceedings especially before the London Court of International Arbitration. Dushyant participated in the case of Africore Energy Limited V MOGS storage (Mauritius) Ltd & Ors 2020 SCJ 320 where a panel of designated Judges confirmed that the Supreme Court has the same power to issue an interim measure in relation to arbitration proceedings as it has in relation to proceedings in Court, whether the juridical seat of arbitration is in Mauritius or not. Dushyant also acted for the Lesotho Telecommunication Authority in a multi-jurisdictional arbitration and enforcement proceedings involving the Kingdom of the Lesotho.

As from 2020, Dushyant has been exclusively involved in a multi jurisdictional litigation involving the right of use of internet resources in the African continent and the Indian Ocean region. Dushyant instructed Wilberforce Chambers, London as leading counsel.

Examples of other recent matters include:

  • Acts as the Representative of the Noteholders for companies such as Azure Power Energy Ltd, Network i2i Limited, India Green Energy Holding and Greenko Investment Company for a total sum exceeding US$ 1,000,000,000;
  • Advised on the corporate structure and drafted application for a banking licence to the Bank of Mauritius;
  • Advised in the setting up of Afrinex Limited, the first private stock exchange for Mauritius;
  • The Supreme Court accepted the submissions from Dushyant by upholding the ratio decidendi and legal principles derived from Air Mauritius Ltd v D’Argent Cyrilla [2017 SCJ 161] and Gem Management Ltd v Firefox and 21 Ors [2022 UK PC 17] and consequently ordering a CIS Fund and its Manger to pay to his client the contested amount – Canada Life International Limited V Metatron Global Fund & Anor 2022 SCJ 305;
  • The Supreme Court accepted the submissions from King’s Counsel instructed by Dushyant and the Honourable Judge reiterated the position of the Supreme Court in relation to an objection on abuse of process of the court Cloud Innovation Ltd V African Network Information Centre (AfriNIC) Ltd 2022 SCJ 253;
  • In the case of Asedor Finance Limited v Weston International Asset Recovery Company Ltd 2022 SCJ 195 the Bankruptcy Division did not retain the submissions from Dushyant by determining that an affidavit evidence of a company admitting a debt in a previous petition cannot amount to an “aveu judiciare” in binding the company in subsequent proceedings. Subsequently the Commercial Division accepted the submissions from Dushyant by placing Weston International Asset Recovery Ltd into receivership pursuant to Section 186(c) of the Insolvency Act – SC/COM/MOT/000493/2022;
  • In the case of Rois Gems (Mauritius) Ltd v Air Mauritius Ltd 2017 SCJ 155, the Supreme Court acted the submissions that a “transaction” had “l’autorite de la chose jugee en dernier ressort”;
  • In the case of Autoworld Ltd v Bank One Ltd & Anor 2016 SCJ 239, the Supreme Court clarified that position that a “registered usher” is empowered by law to draw up a Memorandum of Inventory under article 2202-49 of the Civil Code;
  • R. Staub v Mrs Ramanjooloo Chetty Danalutchmee 2016 MRC 1 the Master’s Court clarified the position that Registered Ushers do not have the same powers as Supreme Court Ushers.

Recognition

In the IFLR1000 (2019 edition) Dushyant was endorsed as a ‘Leading lawyer – Rising star’.

In Legal 500 (2021 edition) Dushyant was described as ‘industrious and conscientious’.

In 2022 Dushyant was recognised in Chambers Global as ‘Well regarded for his representation in commercial litigation matters.  Clients describe him as ‘An up-and-coming-lawyer in arbitration matters’ and as ‘Very responsive.’  Since 2020, Dushyant has been listed as a ‘Next Generation Partner’ in Legal 500, where he is described as ‘hard-working and very reliable.’

Qualifications & Education

In 2003, he graduated from Brunel University in the United Kingdom in Business and Finance Law. In 2006 after completed his vocational examinations and pupillage in Mauritius, he was enrolled on the list of practising attorneys by the Supreme Court of Mauritius.

  • Council for Vocational Legal Education
  • Brunel University (England)
  • Royal College, Curepipe

Memberships & Associations

Dushyant is a member of the Mauritius Law Society and speaks English and French.

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