In general terms, a suretyship is an agreement by which a person (Guarantor) undertakes to perform an underlying obligation if the principal debtor fails to do so.

The Commercial Division of the Supreme Court of Mauritius held that the issue as to applicability of the arbitration clause under a facility agreement was not open for it to determine...

In one of its recent determinations, the Mauritian Supreme Court re-affirmed a line of decisions which confirmed its support to arbitration, whether international or domestic.

The use of AI in commercial contracts is becoming universal. There are so many benefits to using AI, especially when there is a deal happening and time is critical to prepare and circulate draft versions...

Commercial disputes have always been an unavoidable element of doing business as parties to a mercantile contract or transaction would often find themselves in disagreement at some point during their dealings.

A quick analysis of the law shows that a company may but does not need to have a constitution.

As the workplace becomes increasingly digitised, the need to protect personal data has become more critical than ever before. Employers and employees alike must navigate the complexities...

The Mauritius Bankruptcy Division declined to wind up Indian Oil despite an unsatisfied statutory demand of MUR 17 million, finding that the company remained solvent with liquid assets exceeding MUR 2.5 billion.

In Mall of Mont Choisy Limited v Pick N’ Pay Retailers (Proprietary) Limited & Ors 2015 SCJ 10 the defendants challenged the jurisdiction of the Commercial Division of the Supreme Court.

The ISDA master agreement forms the backbone of a significant amount of over-the-counter derivative transactions.

In Mauri Garments Trading and Marketing Limited v The Mauritius Commercial Bank Limited the Judicial Committee of the Privy Council reiterated the fundamental principle that "[b]anks are not concerned with the rights or wrongs of the underlying disputes [between parties] but only with the performance of the obligations which they themselves have confirmed."

The MCB Case concerned a claim for damages that The Mauritius Commercial Bank Ltd (MCB) lodged before the Supreme Court against UBS AG, Singapore Branch (UBS Singapore) and UBS for breach of contract.

The Competition Commission of Mauritius has launched a six-month amnesty programme offering immunity from financial penalties to trade associations, cooperatives and their members who voluntarily disclose...

When the Constitution was enacted in 1968, there was not much business around apart from sugar cane, industries accessory to it and basic trade and commerce for the needs of colonial Mauritius.

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

When Mauritian parties enter into cross-border commercial agreements governed by foreign law, they must navigate a complex interplay between contractual freedom and mandatory local requirements. While Mauritius upholds party autonomy in international transactions, the choice of foreign governing law does not entirely displace Mauritian legal principles, particularly regarding public policy limitations, security perfection requirements, and enforcement mechanisms. Understanding these critical considerations

Our civilization, as we know it, is currently standing at the brink of a new, far-reaching technological revolution.

Our civilization, as we know it, is currently standing at the brink of a new, far-reaching technological revolution.

The widespread use of asymmetric jurisdiction clauses has strong underpinnings; the party who bears the primary commercial risk under the contract is given the benefit of the option.

The National Budget builds on three pillars namely, economic renewal, fiscal consolidation and a new social order. Through the National Budget, the Mauritian Government ambitions to foster economic growth...