APPLEBY MAURITIUS NEWSLETTER, JULY 2022
Welcome to Appleby’s quarterly newsletter!
There have been interesting developments in our legal landscape since our last issue with the Government’s continued endeavours to further enhance our international financial centre as one of excellence.
We invite you join us in the forthcoming webinar hosted by the Economic Development Board on Wednesday 27 July 2022 at 09:00 GMT and during which Appleby will share its insights on “Mauritius IFC: Your Ideal Hub for Private Equity and Fund Management”.
Digital Banking - Being future ready
One of the positive aspects of digitalisation is the opportunity which it has offered for financial inclusion.
This article reviews the approach which the Mauritian Supreme Court adopts on the concept of “Concurrence Déloyale” in the employment sector.
FSC Rules issued under the Virtual Asset and Initial Token Offerings Services Act 2021 (VAITOS)
On 15 July 2022, the Financial Services Commission (FSC) issued the following rules under the VAITOS.
The Supreme Court had to address a preliminary objection raised by co-respondents Nos. 1, 2 and 3 on the ground of jurisdiction to contest and challenge the court’s competence to determine the issues and claims set out in the application.
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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.
