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ARTICLE · 21 NOVEMBER 2022

Mauritius Case-Law Summary November 2022

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The below is a summary of recent cases likely to influence the practice of global business in Mauritius.

MauritiusCorporate/Commercial Law
Dylan Mannikum
Dylan Mannikum
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The below is a summary of recent cases likely to influence the practice of global business in Mauritius.

GEM MANAGEMENT LTD V FIREFOX LTD AND OTHERS 2022 UKPC 17

This appeal before the Judicial Committee of the Privy Council (Privy Council) raised a question of interpretation of a contract (the 'Agreement') entered into by Gem Management Limited ('GEM') and a group of shareholders who owned 35% of the shares in Deep River Investment Ltd (the 'Shareholders'). The Agreement contained an "irrevocable and unconditional undertaking" by the Shareholders, referred to as "the Commitment", to pay to GEM a sum described as a "Commitment Consideration" upon the sale of their shares in Deep River Investment Ltd to any party other than GEM (or its nominees) at any time during the "Commitment Period". It is not in dispute that the Shareholders subsequently sold their shares in Deep River Investment Ltd to a third party.

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