Appleby Mauritius Newsletter 2023
Welcome to Appleby’s 2023 Newsletter!
The year has been rich with legislation to implement the measures of the Budget Speech for 2023-2024 and marked by the Government’s efforts to position ourselves with implementation of further measures relating to emerging technologies into our business and legal landscape amidst the challenging global economic environment which the continued Ukraine-Russia war has triggered.
On our side, the year was marked by the promotion of colleagues into higher levels of responsibility within the Mauritius office. Thus, Farzanah Nawool was promoted to Partnership and Ashley Oogorah was promoted to Counsel. Furthermore, there been new members who joined the Mauritius office to reinforce the legal team.
Please click on the corporate updates below to read more:
Artificial Intelligence and the law
At a time when the implementation of Artificial Intelligence into the professional environment, it is not difficult to predict that the implementation of AI into the running of a law firm will soon become a reality – ‘the key [is to choose] the right area’ of the practice. Indeed, a law firm which practices corporate and commercial as opposed to criminal law has significant benefits and potential for growth by using AI especially where explicit rules are used e.g. employment and tax laws.
The Financial Services Commission issues the Financial Services (Global Shared Services) Rules 2022
On the 20th December 2022, the FSC issued the Financial Services (Global Shared Services) Rules 2022 (the “Rules”), which came into operation on 3 January 2023.
Employer's perspective: What to expect in a settlement agreement?
What is a ‘Settlement Agreement’? One of the innovations of the Workers’ Rights Act (‘Act’) is the concept of ‘compromise agreement’ (also referred to as a ‘Settlement Agreement’ in this article) (‘Compromise Agreement’).
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The Electronic Transactions (Amendment) Act 2026 (Amendment Act) marks an important development in Mauritius’ digital legal framework. Its significance goes beyond the further recognition of electronic signatures. The amendments address a broader question: how should legal rules designed for paper-based commerce operate in an environment where transactions, records and increasingly contractual decisions are created, transmitted and stored electronically?
When is a Party “Otherwise Unable to Present Its Case” Under the New York Convention?
Article V(1)(b) of the New York Convention permits a court to refuse recognition and enforcement of an arbitral award where the party against whom the award is invoked: “was not given proper notice of the appointment of the arbitrator or of the arbitration proceedings or was otherwise unable to present his case.” The provision is central to the legitimacy of international arbitration. It ensures that arbitral proceedings comply with minimum standards of procedural fairness, while recognising that arbitration is intended to be more flexible and less formal than litigation.
We live in an era where the world’s economies, populations and cultures are growing interdependently thanks to cross border transactions and Mauritius, as an international financial centre holds an important position in the arena. We pride ourselves in the hybrid legal system that is in place constituting of a blending of both common law and civil law. Such legacy allows us to participate in international transactions, whether in the context of financings, mergers and acquisitions, joint ventures or commercial contracts, without much difficulty. It is therefore common for Mauritian entities to enter into agreements governed by foreign laws. One of the key clauses to the agreements governing these cross-border transactions is the choice of law and the agreed forum for dispute resolutions. This article explores the extent to which a Mauritian party can submit itself to the foreign laws governing international transactions.
On 30 June 2026, the Judicial Committee of the Privy Council (JCPC) delivered a judgment impacting the domestic and global business sectors in Mauritius.
National Budget Highlights - Making Mauritius future ready
THE MAURITIAN NATIONAL BUDGET 2026/2027 - “FUTURE READY ECONOMY” On 12 June 2026, Dr Navinchandra Ramgoolam GCSK, FRCP, Prime Minister of Mauritius, in his capacity as Minister of Finance (Minister of Finance) tabled the National Budget for the fiscal year 2026-2027 under the theme “Future Ready Economy”. The National Budget builds on six strategic pillars namely, AI & Digitisation, SMEs & Start-Ups, Economic Modernisation, Sector Re-engineering, Blue Economy and Investment Growth.
The Strategic Misstep: Why Using Winding-Up Petitions for Debt Collection Fails
On 02 June 2026, the Bankruptcy Division of the Supreme Court (Bankruptcy Division) delivered an important judgment on statutory demands. In particular the Bankruptcy Division confirmed (i) its discretion on this issue and, (ii) the rationale for statutory demands under the Insolvency Act 2009 (Insolvency Act).
On 08 May 2026, the Mauritian Supreme Court, sitting as the panel of Designated Judges appointed under the International Arbitration Act 2008 (IAA), delivered an important judgment in Intermediate Investment Holdings Ltd v Imevbore & Ors 2026 SCJ 186 (IIHL Case). The Supreme Court declined to award costs sought by the Respondents following the Applicant’s withdrawal of an application for an interim injunction.
Ship Arrest in Mauritius: Legal Certainty Under the 1952 Convention in a Changing Maritime Landscape
Mauritius is considered as an attractive option when considering ports in the region to secure maritime claims through in rem judicial proceedings namely ship arrest. While its strategic geographical position on the Western Indian Ocean marine highway as well as its well-tried regulatory framework on ship arrest do raise interests of maritime claimants, nevertheless, have also been raised as to the adequacy of the existing law governing ship arrest, in the light of the evolution of shipping business and heightened risks of damage and loss associated with maritime operations.
International Women’s Day 2026 Roundtable: Rights. Justice. Action. For all women and girls.
As we recognise International Women’s Day 2025, we are reminded that gender equality is not just a vision – it’s a call to action.
The Cost of Dissent: Managing Liquidity and Statutory Validity in Major Mauritian Transactions
Mergers and Acquisitions (M&A) are intricate manoeuvres that demand more than just commercial synergy; they require absolute statutory precision.
