Uteem Chambers

When drafting an international agreement, the focus is often on financial clauses or liability exemption and less attention and strategy is given to jurisdiction clause. Nevertheless, this point should not be neglected. Consequences of jurisdiction clause are important when a dispute arises between the parties above all, when one of the parties is affected by an asymmetric jurisdiction clause.

VEIL OF INCORPORATION Under Mauritius law, a company duly incorporated is a separate legal entity distinct from its shareholders, its employees and its individual directors[1]. Then, a director cannot be confounded with the company he manages and the company creates a veil between third parties and its directors and officers.[2]