There has been a growing interest to ascribe a meaning to the
phrase 'institutions agréées' since the
Mauritian Supreme Court (Supreme Court) began to
entertain disputes which involve Mauritian companies licensed to
conduct offshore business activities by the Financial Services
Commission of Mauritius (FSC).
This article does not profess to have determined its meaning.
Instead, it analyses the approach of the Supreme Court on the
question to guide actors of the global business industry on what
the highest court of the land will be prepared to accept as
'institutions agréées'.
The starting point on 'institutions
agréées' is Article 2202-1 of the Mauritian
Civil Code (Civil Code) which recites that:
