ETUDE DYA GHOSE

Our Chambers have a wide portfolio of family-related. At Etude Dya Ghose, we offer compassionate representation to our clients, and we are assertive when we need to be in order to protect our clients’ best interests. Because we understand the heightened emotions that divorces can cause, we are able to help you in a way that best helps you to address your unique concerns. Whether you are preparing to file, have been served, or have already started the process, we can help you navigate the legal world so that you can focus on yourself and your family. We can help you navigate collateral issues such as alimony, child support and settlement agreements.

Mauritian law has its own particularities, being a hybrid legal system of both English and French law. Etude Dya Ghose, Attorneys group a number of attorneys who have graduated from the University of Mauritius and have taken the Law Practitioners’ Vocational Course. They have a strong understanding of Mauritian civil law which allows them to handle all types of civil cases including contractual and tortuous claims, personal injury claims, debt recovery cases, defamation cases, family law and breach of tenancy agreements and eviction orders.

Key experience:
• Advising a local company in a claim brought by its former employee for tortious liability of the sum of MUR 9 million.
• Advising the Chairman of a betting company in Mauritius in a defamation case and brought a claim of MUR 50 million before the Supreme Court against a local newspaper.
• Advising a national telecommunications company in Mauritius in a case against the Mauritius Revenue Authority for a claim of MUR 65 million for overpayment of charges and penalties.
• Representing a horse racing organiser in Mauritius in a MUR 7 billion matter against The State of Mauritius for loss of earnings as a result of amendments brought to relevant laws.
• Representing a contractor in a MUR 70 million claim against a promoter of a residential project along the coast.
• Acted for partners of a legal firm in a recovery claim of MUR 33 million representing unpaid professional fees in respect of advisory work

ETUDE DYA GHOSE, Attorneys regularly assist clients in arbitration matters. We guide clients through all stages of arbitration—from drafting the dispute resolution clauses through the appointment of the arbitrator up to the arbitration hearing and enforcement of the award. We devise the best strategy for our clients to obtain an award within a timely manner. We have represented numerous clients before the Mauritian courts under the International Arbitration Act and we are well versed with the law. We also act for clients in international arbitrations and have appeared before international arbitrators, arbitral institutions and work with major arbitral rules including International Court of Arbitration of the International Chamber of Commerce (ICC), London Court of International Arbitration (LCIA), Rules of the United Nations Commission on International Trade Law (UNCITRAL), London Court of International Arbitration-Mauritius Internationa Arbitration Center (LCIA-MIAC Rules), Mediation and Arbitration Center Rules (MARC Arbitration Rules) amongst others.

We also have experience with ad hoc arbitration. Our practice extends to advising and appearing in litigation cases, challenges and appeals under the International Arbitration Act 2008, including proceedings to recognise and enforce foreign arbitral awards.

ETUDE DYA GHOSE, Attorneys offer the best-suited and most effective enforcement strategies to client to realize their award. We praise ourselves to having assisted clients in recovery of their funds over other creditors, in circumstances where millions of dollars in awards deemed impossible to recover. With all the available tools, including, attachments, discovery of assets procedures, injunctions, seizures, we have been able to secure our clients funds up till recovery.

Key experience:

• Representing a Mauritian company holding a Global Business License in obtaining the recognition and enforcement of an award delivered by an arbitration tribunal in Geneva under the LCIA Rules arising out of shareholders’ dispute.
• Representing a land developer company registered in Zimbabwe for the enforcement and recognition of an award delivered by the Commercial Arbitration Centre in Harare against a Zimbabwean statutory body in connection with a USD 22 million arising out of a breach of a housing-offtake agreement, as well as defending an application to set aside a provisional order granting the enforcement and recognition of an award.
• Representing a company registered in Samoa, West America in arbitration proceedings under the LCIA-MIAC Arbitration Rules 2018 in relation to a breach of a client’s agreement for brokerage services.
• Representing a management company in connection with a $1.5 million arbitration claim from investment funds arising out of an alleged fraudulent bank transfers.
• Defending a local authority in an arbitral claim of MUR 73 million arising from a construction contract.
• Obtaining freezing orders and enforcement of a $ 15 million USD arbitral awards arising out of a diamond business partnership between Israelian partners.
• Advised and represented an authorised company in relation to dispute arising under a funding agreement of value of USD 25 million amongst partners in Nigeria engaged in an agricultural land acquisition.
• Ad hoc arbitration representing a major local group of companies in the construction industry against the Mauritius Revenue Authority to challenge refund of labour costs following recent amendments to local laws.

ETUDE DYA GHOSE, Attorneys are reputed in the field of employment law and industrial disputes. We offer strategic solutions to both largest companies in employment issues on the one side and to employees on the other side. We assist in drafting of employment contracts, in workforce reduction issues and settlements as well as in data protection issues. We have successfully represented employees in countless matters of unfair dismissal and payment of severance allowance. We successfully represented directors in compensation claims and negotiated interesting packages on their behalf. We further act for companies in trade secret misappropriation actions and confidentiality breaches cases.

Key experience:

• Advising and successfully represented an employee before the Judicial Committee of Privy Council in a battle against a major clinic in the health industry for unfair dismissal on ground of reduction of work force.

• Assisting special administrator of a conglomerate to deal with termination of contracts of employees upon the group being put into special administration.

• Acted for a regulatory body in the competition sector in a claim of MUR 9 million from its former executive director for unlawful termination of employment.

• Advising companies in actions against their former employees for breach of covenants and restrictive clauses.

ETUDE DYA GHOSE, Attorneys are top-rated for their advice, guidance and service to administrators, liquidators, provisional liquidators, special managers, receivers appointed in and out of court, trustees in bankruptcy, sequestrators, examiners, conservators and their equivalents. We also litigate for and against these office bearers.

Key experience:

• Advising special administrators for the discharge of their functions.
• Advising receiver and managers, liquidators, administrators in every step of the process up till winding up.
• Advised and defended a textile company in liquidation and ASOS PLC in a claim for unpaid goods sold and delivered.

A substantial part of our practice focuses on commercial law. We are reputed for our excellent litigation practice in commercial law. We work alongside the most capable commercial litigators to give to our clients the most targeted solutions. ETUDE DYA GHOSE, Attorneys instructs across all areas of commercial law, in particular shareholder disputes, share sale agreements, joint venture agreements, banking and finance disputes, contractual disputes, shipping, construction and telecoms. We also advise and assist clients on several corporate-related matters including composition and responsibilities of boards, directors independence and conflict issues, fiduciary duties of directors amongst others. We assist clients in drafting of their agreements and further offer services to guide them through incorporation of their companies.

We have further successfully represented directors and companies in obtaining discharge of freezing orders on their assets by regulatory bodies.

We have appeared in landmark cases before the Supreme Court of Mauritius and in notable cases which have shaped jurisprudence specially in commercial/insolvency law in Mauritius.

Key experience:

• Defending Administrator’s position in major local and international commercial and arbitration matters involving Devas Companies and the Republic of India, following claims of some $ 600 million, arising out of alleged cancellation of lease agreement by the Government of India.
• Advising UBS AG Singapore Branch & UBS AG in relation to a joint loan facility agreement for an amount of USD 13m with the Mauritius Commercial Bank (MCB) to a Singaporean company. MCB entered a claim against UBS before the Supreme Court of Mauritius following a dispute over the terms of the loan facility agreement.
• Acted for directors of a commercial bank incorporated in Mauritius since 2007, in relation to injunctive reliefs sought by a minority shareholder of the Bank, to prevent the transfer of shares resulting in the later holding some 75% shareholding in the Bank. Also initiated procedures by the directors of the Bank for the discharge of interim orders obtained by minority shareholder to prevent the aforesaid transfer of shares. Also formerly represented the Chairman in a dispute with another independent and non-executive director to hold board meetings with agenda in contravention to compliance rules.
• Acting for investors in USD 15 million claim arising out of breach of Private Placement & Information Memorandum and other agreements between investors and fund manager.
• Acting for the State Bank of Mauritius to challenge the issue of a disclosure order against its clients.
• Advised and acted for major conglomerates in schemes of arrangements, acquisitions, mergers, amalgamations and fund raising.
• Acted in a successful claim for a major company in accountancy field related to siphoning and misappropriation of funds by an employee through false representation and forged signatures.
• Acted for and defended a management company in a hacking claim of USD 1.5 Million.
• Represented JPMP MPL Holdings Limited (JPMP) up to the Judicial Committee of Privy Council in a joint venture dispute between JPMP and Leedon Ltd, relating to a right of first offer and proprietary nature of such right and construction of Shareholder agreement amongst others.
• Acting for directors and offshore companies in dispute involving share transfer, management powers, shareholder rights, and insolvency matters. The dispute arose out of a share purchase agreement wherein the purchaser is vindicating its rights to fully paid up shares in the authorised company, but which the director is refusing to approve on the board of directors. Also successfully obtained injunctive relief to prevent holding of board meetings and seeking order for specific performance in respect of appointment of registered agent in offshore company.
• Initiated a number of derivation actions for shareholders to act on behalf of the company.
• Represented a company incorporated in British Virgin Islands, in a series of litigation cases arising out of a dispute over a loan of RMB 1.5 m given to a Global Business Company incorporated in Mauritius, to develop residential units in Shanghai.
• Advised and defended a GBC in energy sector in a series of cross-border litigation cases entered by its majority shareholder, with respect to its shareholdings and directorships and the issue of shares amounting to some USD 7.8 million.
• Successfully obtained discharge of freezing orders and disclosure orders for banks, companies and directors.

A substantial part of our practice focuses on commercial law. We are reputed for our excellent litigation practice in commercial law. We work alongside the most capable commercial litigators to give to our clients the most targeted solutions. ETUDE DYA GHOSE, Attorneys instructs across all areas of commercial law, in particular shareholder disputes, share sale agreements, joint venture agreements, banking and finance disputes, contractual disputes, shipping, construction and telecoms. We also advise and assist clients on several corporate-related matters including composition and responsibilities of boards, directors independence and conflict issues, fiduciary duties of directors amongst others. We assist clients in drafting of their agreements and further offer services to guide them through incorporation of their companies.

We have further successfully represented directors and companies in obtaining discharge of freezing orders on their assets by regulatory bodies.

We have appeared in landmark cases before the Supreme Court of Mauritius and in notable cases which have shaped jurisprudence specially in commercial/insolvency law in Mauritius.

Key experience:

• Defending Administrator’s position in major local and international commercial and arbitration matters involving Devas Companies and the Republic of India, following claims of some $ 600 million, arising out of alleged cancellation of lease agreement by the Government of India.
• Advising UBS AG Singapore Branch & UBS AG in relation to a joint loan facility agreement for an amount of USD 13m with the Mauritius Commercial Bank (MCB) to a Singaporean company. MCB entered a claim against UBS before the Supreme Court of Mauritius following a dispute over the terms of the loan facility agreement.
• Acted for directors of a commercial bank incorporated in Mauritius since 2007, in relation to injunctive reliefs sought by a minority shareholder of the Bank, to prevent the transfer of shares resulting in the later holding some 75% shareholding in the Bank. Also initiated procedures by the directors of the Bank for the discharge of interim orders obtained by minority shareholder to prevent the aforesaid transfer of shares. Also formerly represented the Chairman in a dispute with another independent and non-executive director to hold board meetings with agenda in contravention to compliance rules.
• Acting for investors in USD 15 million claim arising out of breach of Private Placement & Information Memorandum and other agreements between investors and fund manager.
• Acting for the State Bank of Mauritius to challenge the issue of a disclosure order against its clients.
• Advised and acted for major conglomerates in schemes of arrangements, acquisitions, mergers, amalgamations and fund raising.
• Acted in a successful claim for a major company in accountancy field related to siphoning and misappropriation of funds by an employee through false representation and forged signatures.
• Acted for and defended a management company in a hacking claim of USD 1.5 Million.
• Represented JPMP MPL Holdings Limited (JPMP) up to the Judicial Committee of Privy Council in a joint venture dispute between JPMP and Leedon Ltd, relating to a right of first offer and proprietary nature of such right and construction of Shareholder agreement amongst others.
• Acting for directors and offshore companies in dispute involving share transfer, management powers, shareholder rights, and insolvency matters. The dispute arose out of a share purchase agreement wherein the purchaser is vindicating its rights to fully paid up shares in the authorised company, but which the director is refusing to approve on the board of directors. Also successfully obtained injunctive relief to prevent holding of board meetings and seeking order for specific performance in respect of appointment of registered agent in offshore company.
• Initiated a number of derivation actions for shareholders to act on behalf of the company.
• Represented a company incorporated in British Virgin Islands, in a series of litigation cases arising out of a dispute over a loan of RMB 1.5 m given to a Global Business Company incorporated in Mauritius, to develop residential units in Shanghai.
• Advised and defended a GBC in energy sector in a series of cross-border litigation cases entered by its majority shareholder, with respect to its shareholdings and directorships and the issue of shares amounting to some USD 7.8 million.
• Successfully obtained discharge of freezing orders and disclosure orders for banks, companies and directors.