Contact us
← All areas of practice Area of practice 04 · Mauritius

Dispute Resolution, Arbitration & Litigation

Before the Supreme Court, Tribunals and regulators, and in domestic and international arbitration.

SC Legal represents clients in commercial disputes before the Supreme Court of Mauritius, the Judicial Committee of the Privy Council, specialist tribunals and regulators, and in domestic and international arbitration under the International Arbitration Act 2008. We act from the first demand letter through trial, appeal and the enforcement of judgments and arbitral awards.

Shaheena Carrim has appeared before the courts of Mauritius for over 23 years, including before the Privy Council. That courtroom work also shapes our transactional advice: we draft contracts with the dispute in mind.

Where do we appear?

  • The Supreme Court of Mauritius, including its Commercial, Civil, Family and Land divisions.
  • The Judge in Chambers, for urgent and interim relief.
  • The Court of Civil Appeal and the Judicial Committee of the Privy Council.
  • The Intermediate Court, District Courts and the Industrial Court.
  • The Revenue Tribunal and the Employment Relations Tribunal.
  • Domestic and international arbitration seated in Mauritius or abroad.

Commercial litigation

Most of our litigation is commercial: shareholder and boardroom disputes, breach of contract, recovery of debts and loans, construction and property claims, banking and finance disputes, insolvency proceedings and claims against directors. We advise on merits and strategy at the outset, including whether to litigate, arbitrate or settle.

A claim usually starts with a mise en demeure, the formal notice that puts the other party in default and sets out what is required of it. Proceedings then follow by plaint with summons in the relevant division of the Supreme Court or the Intermediate Court, depending on the subject and value.

Urgent and interim relief

Speed often decides commercial disputes. Before the Judge in Chambers we seek and resist interim injunctions, orders to preserve assets and documents, attachment orders (saisie-arrêt) and orders in aid of foreign proceedings or arbitration. These applications are made by praecipe and affidavit and can be heard at short notice. We prepare them on short timelines and with full disclosure of the facts the court must know.

Arbitration

We act in domestic and international arbitration seated in Mauritius under the International Arbitration Act 2008, which is based on the UNCITRAL Model Law, and in arbitrations seated abroad that involve Mauritian parties or Mauritian law. In the Supreme Court, applications under the Act are heard by designated judges. We handle the related court work: interim measures in support of arbitration, challenges to awards, and the recognition and enforcement of foreign arbitral awards under the New York Convention, to which Mauritius is a party.

We also advise foreign counsel on Mauritian law issues that arise in their arbitrations, including corporate, insolvency and enforcement questions.

Enforcement

A judgment or award is only as good as its enforcement. We enforce Mauritian judgments by seizure and attachment, and seek recognition of foreign judgments and arbitral awards in Mauritius. We advise on the assets available, the security already held and the insolvency route where a debtor cannot pay.

Frequently asked questions

Can I get an urgent injunction in Mauritius?

Yes. Interim injunctions and other urgent orders are sought before the Judge in Chambers of the Supreme Court, by praecipe supported by affidavit. Where the matter is urgent, an order can be obtained within days and, in some cases, before the other side is heard.

Is a foreign arbitral award enforceable in Mauritius?

Generally, yes. Mauritius is a party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. An award made in another Convention state can be recognised and enforced by the Supreme Court, subject to the limited grounds of refusal in the Convention.

Can a Mauritian judgment be appealed to the Privy Council?

Yes. The Judicial Committee of the Privy Council is the final court of appeal for Mauritius. In civil matters, an appeal lies as of right in some cases and otherwise with leave of the Supreme Court or of the Privy Council.

Do I need to send a formal demand before suing?

In most contract claims, yes. A mise en demeure puts the debtor in default, fixes the point from which interest and damages run, and is often a precondition to the claim. It also sets the tone for settlement.

Disputes often arise from a transaction or a company's affairs. See also corporate and commercial and insolvency and restructuring, or contact us to discuss a dispute.