New Mauritian Rules Facilitating Cross-Border Insolvency Proceedings

New rules facilitating cross-border insolvency proceedings came into force on 11 October 2019 and shall be deemed to have come into operation from 25 July 2019.

In Mauritius, there are two main sources of law regarding cross border insolvency, pursuant to which the Mauritius court may recognise and give assistance to a foreign insolvency proceeding. The first is Part VI of the Insolvency Act 2009 of Mauritius (the Insolvency Act 2009) (effective as from the 25 July 2019) by presidential proclamation on 11 October 2019. Part VI of the Insolvency Act 2009 is based on the 1997 United Nations Commission on International Trade Law (UNCITRAL) Model Law on Cross-Border Insolvency and regulates cross-border insolvency proceedings (the "Model Law"). The second is the common law.