Capital Markets & Securities
Company & Commercial Law
Cross-border Transactions & Litigation
Employment & Labour Law
Funds & Other Collective Investment Schemes
Information & Communication Technologies
Insolvency & Restructuring
International Law & International Trade Law
Litigation & Alternative Dispute Resolution
Mergers & Acquisitions
Mining, Resources & Energy
Project Finance, Infrastructure Development & PPP
Shipping & Maritime Law
Leading lawyer for two important banks in the insolvency proceedings as a result of the collapse of a major conglomerate in Mauritius in April 2015.
Leading lawyer to an international bank to recover a large debt against Zimbabwe and one of its State-owned enterprises.
Legal adviser for the setting up of an Islamic Bank in Mauritius. The client is a consortium from the Middle-East. Islamic banking being relatively new to Mauritius, except in the deepest banking quarters, the firm is introducing concepts such as credit sale, deferred payment sale, sale and buy-back agreement, hire purchase, gift (hibah) and usury in Islam on the island. The bank has been set up and is duly licenced.
Legal advisor for the setting up of a Swiss private bank in Mauritius. The firm’s mandate was to draft and/or vet all documentation relating to the bank, the clients and third party intermediaries such as Visa, Master Card, Amex etc. The bank is fully set up, duly licenced and operational.
Mauritius is currently positioning itself as an attractive jurisdiction for Listing and Capital Raising for international, and most notably African, ventures. The firm has recently been involved in the listing of a number of Global Business Companies on the Stock Exchange of Mauritius (SEM). This involves the preparation and legal review of all the documents (including Listing Particulars, Business Plan, the company’s memorandum and articles of association/ constitution, full set of application documents and communiques), liaising with the SEM throughout the approval process of the listing, and continuing legal advice on all items post-listing items (compliance with post-listing requirements, facilitating placements and offers, as well as general legal advice and assistance with regard to the company setting up and doing business in Mauritius).
Advising on the corporate re-structuring for a significant group in Madagascar based on the global business companies in Mauritius. The group is involved in oil & gas, hospitality, real estate, trading, manufacturing and banking. The firm is also tasked with finding a solution to the payment issues that the Malagasy Energy company is having with the Malagasy Government, which involves discussions with three leading global financial institutions which have a relationship with the Malagasy Government.
Acting for the foreign real estate promoters/developers/investors in a large and complex dispute with a Mauritian landowner involving an Integrated Resort Scheme (IRS) project in Mauritius which collapsed as a result of a dispute between the joint venture partners. The IRS is an initiative of the Government of Mauritius, in collaboration with the Board of Investment, that facilitates developments whereby non-citizens can purchase residential property (luxury villas, often with facilities such as luxury golf courses and beach clubs) in Mauritius. A dispute brought the parties into Arbitration proceedings, which are still currently taking place. The case has, concurrently, been before the Supreme Court of Mauritius, the Judicial Committee of the Privy Council in London and the Permanent Court of Arbitration in The Hague. Additionally, legal proceedings have been entered, on behalf of the clients against the State of Mauritius, under the Investment Promotion and Protection Agreement (IPPA) between their country of origin and Mauritius.
Acting for a major international investment bank. This matter involves legal proceedings in order to prohibit a worldwide multinational from proceeding with share redemption on capricious grounds. The firm is advising the clients on how to protect themselves.
Lead advisor to an operator of helicopter services throughout Africa involving the setting up of a helicopter business in Mauritius, which is a listed company, controlled by the Government of Mauritius, and enjoys a monopoly in helicopter services over Mauritius. This also involves advising on the use of a blend of aircraft leasing, pledge of earnings and mezzanine finance to raise capital, and resulted in the bid being successfully awarded to the client.
Appointed to advise a leading US hospitality group in the course of their entry into, and investment in, the Indian Ocean. This includes the taking over, through the stock exchange, of the control of an international hotel group with luxury hotels in Mauritius, Seychelles and Maldives. This is the first hostile take over in Mauritius.
Appointed with regards to the acquisition by Shangri-La of a significant stake in the legendary Mauritian iconic luxury hotel, Le Touessrok, belonging to Sun Resorts Ltd, a Mauritius listed company. The firm recently acted for a major global bank and lead arranger in the course of a bid for the acquisition of a major ICT group in Northern Africa, which was successful. Legal assistance and services in connection with the acquisition by our client of a power plant project in Nepal.
Advising on the acquisition of land and development of mining infrastructures in Chengeta, Zimbabwe, as well as the development and launching of a gold exchange. The project also consisted in assisting with the purchase and development of all the above and of a 4th generation geophysical ground scanning radar from Russia into Africa. The Radar is exceptionally competent at alluvial gold & diamonds, kimberlites, coal, copper, chrome and is acting as a key to strategically unlock sites of interest, such as the Marange diamond fields. Assistance in successfully raising funding for the project, assistance with the setting up of corporate vehicles for private equity investors, and assistance on the institutional funding aspect, which involves assisting the clients in negotiations and execution of facilities with investment banks.
Lead advisor to a French client in connection with the financing, structuring and securitization of two connected major real estate investments in the north of Mauritius at Pointe aux Piments. The firm advises on the Project Finance aspects of the investment, negotiating the banking facility, drafting the security documentation, and structuring the investments in the most tax efficient system.
Assistance in the setting up the second national airline for an Indian Ocean island. The first phase comprised of the administrative process with the Department of Civil Aviation of that country for the AOC of the airline. The second phase has started in January 2014 and is on-going. It comprises of (a) discussions with aircraft leasing companies for financing the acquisition of the aircrafts and (b) discussions among the stake holders with regards to equity investment. It also involves discussions with institutional lenders for long term funding.
Providing legal services in relation to the purchase, on financial lease, of 6 airplanes by Bangkok Airways.
Acquisition of a city centre property in a central downtown city area in one of the South East Asian hubs and design/construction of a mixed use project development over the property including two 5-star hotels, a premium shopping mall, condos and a museum.
Acquisition and development of a large portion of land in South India, precisely at Vishakapatnam, for the purpose of a new city, inclusive of residential, commercial, office space, hotels and restaurants as well as private airport. The assignment comprises of negotiation and execution of agreements of the purpose of land acquisition, land development, bank finance, cross-border security documentation, project finance and cross-border tax structuring.
The assignment consists of providing all legal assistance in connection with the acquisition and construction of a resort in Bodrum, Turkey. The hotel has +250 rooms and the project is to build it in a luxury 5+ Star Hotel. The real estate aspect of the deal includes obtaining permissions from Turkish government for non-citizens to own property and to develop as add-on a Turkish wellness centre in the hotel.
2012 (Turkey) and 2010 (Malaysia):
Animated workshop on the law of international direct selling and multi-level marketing, with focus on customs and consumer protection rules.
Legal adviser to the Inter-Regional Coordination Committee which comprises of SADC, COMESA and the Indian Ocean Commission. Advice on international aid with regards to piracy.
Legal adviser to two international consortiums suing Mauritius for violation of the Bilateral Investment Treaty with UK and South Africa and preparation for initiating arbitration procedures before the ICSID (International Centre for the Settlement of Investment Disputes) in Washington D.C.
Legal adviser to the Mauritius Chamber of Commerce and Industry (MCCI), Mauritius.
Advised two foreign-based Information & Communication Technologies (ICT) in the course of the acquisition and restructuring into a major telecom group.
The firm was involved in the first M&A in the ICT sector in Mauritius in 2003; in the biggest M&A in Mauritius in the banking sector in 2005; and in another important M&A in Mauritius in the steel industry in 2006. The firm has advised IBM Corporation in the acquisition of the consulting branch of PriceWaterhouseCoopers International Limited with respect to Mauritius, Nigeria and Kenya.
Legal adviser to OPEC Fund in relation to international aid being granted to Mauritius for the development of its economy. Drafted the instruments of international aid between the two parties and conducted negotiations on terms of the instruments.
Organised workshops and training seminars for banks (Barclays Bank and HSBC) on compliance, banking law, corporate law, business law and trade law. 1998 ongoing: Mauritius, China, UK, USA, France, Seychelles, Madagascar, South Africa, Malaysia, Turkey, Singapore, Greece, UAE, Thailand, Hong Kong: speakers, sponsors at numerous international conferences on the advantages of going through Mauritius to invest into Africa and Asia, with emphasis on multilateral and bilateral investment and trade treaties of which Mauritius is a signatory. The last conference was the China-Africa Investment Forum in Beijing, China, organised by the International Financial Law Review (IFLR), together with Clifford Chance, in 2013, where lawyers of the firm chaired a panel with representatives from Deloitte China and Mauritius, with a focus on Mauritius.