Dispute Resolution
Dispute Resolution
Commercial approach in seeking to achieve the best objectives for the client
In an increasingly evolving economy coupled with the fast-paced nature of commercial transactions, our approach to dispute resolution is founded on the ability to handle commercial disputes in a commercial manner whilst ensuring technical excellence in adversarial proceedings.
At BLC Robert & Associates, our lawyers understand the commercial realities of clients and proactively engage with the clients at advisory stage and with opponents where there is a possibility of preventing or settling disputes by way of negotiation or mediation. Our team, which includes a Senior Counsel and a Senior Attorney, also has extensive experience in appearing before arbitral tribunals and all courts of Mauritius in high-value commercial disputes in a variety of industry sectors such as Banking & Finance, Insurance, Hospitality, Real Estate, Leisure, Construction, Private Equity & Investments, Telecoms, Media and Technology.
Our Expertise
- Contractual disputes
- Corporate governance disputes such as shareholder disputes
- Property disputes
- Trust and estate management
- Corporate insolvency
- Employment disputes
- Building and construction
- Intellectual property
Key Contacts
Recent Works
- Acting for the State Trading Corporation in challenging an arbitral award in excess of USD 100 million before the Supreme Court of Mauritius; appearing for the same client in a subsequent appeal before the Judicial Committee of the Privy Council.
- Acting for Peepul Capital Fund II LLC and Millenium Strategic Group Ltd in successfully defending challenges to an arbitral award obtained against VSoft Holdings LLC in excess of USD 22 million both before the Supreme Court of Mauritius and the Judicial Committee of the Privy Council; subsequently appearing for Peepul in successfully obtaining a winding-up order against VSoft.
- Acting for Mastercard International Incorporated before the Competition Commission and in judicial review proceedings challenging the Commission’s decision to order Mastercard and Visa Worldwide Pte Limited to cap the default Issuer of Interchange Fees for a period of 5 years.
- Acting for a private equity investment group in LCIA arbitration proceedings to claim USD 1.4 million of damages and costs against a corporate administrator for losses caused in processing payment instructions which were not genuine.
- Acting for JM Financial – Old Lane Indian Corporate Opportunities Fund I Limited in successfully defending before the Commercial Division of the Supreme Court an application by Alpine Asset Appreciation Fund Limited for leave to bring derivative action proceedings against a number of persons to challenge a sale transaction and claim in excess of USD 50 million of damages.
- Acting for Barclays Bank Mauritius Limited (now Absa Bank (Mauritius) Limited) in defending a USD 16 million claim from Risk Reduction International Limited for alleged losses on foreign exchange transactions.
- Acting for the Road Transport Commissioner in judicial review proceedings before the Supreme Court of Mauritius in overturning a decision of the Public Bodies Appeal Tribunal which had quashed his appointment.
- Acting for Amana Middle East Holdings Limited and Buharia Holdings International Limited, as minority investors in ETA Ascon Holdings LLC before the Supreme Court of Mauritius to obtain interim injunctions under the International Arbitration Act so as to suspend the effects of a shareholder resolution in Mauritius which was contested in a foreign arbitration.
- Acting for Trinity Capital Mauritius Limited in defending an application by Immobilien for leave to bring derivative actions on behalf of the company in respect of a GBP 7.5 million dispute.
- Acting for the majority shareholder of a mining group in an MCCI arbitration to defend claims worth USD 1.3 million alleging abuse of majority by a minority shareholder.
- Acting for the majority shareholder in pending and anticipated litigation in the Commercial and Bankruptcy Divisions of the Supreme Court to resolve shareholder and boardroom disputes relating to a potential sale of assets worth EUR 26 million and a EUR 3.7 million claim, both in respect of a global business company with a large Pan-African asset base.
- Acting a major international telecommunication company in a tax dispute before the Assessment Review Committee and the Supreme Court.
- Acting for a leading international company in the Hotels industry in a dispute against the tourism regulator.
- Acting for leading national hotel company in a dispute involving environmental issues.