ETUDE DYA GHOSE, Attorneys regularly assist clients in arbitration matters. We guide clients through all stages of arbitration—from drafting the dispute resolution clauses through the appointment of the arbitrator up to the arbitration hearing and enforcement of the award. We devise the best strategy for our clients to obtain an award within a timely manner. We have represented numerous clients before the Mauritian courts under the International Arbitration Act and we are well versed with the law. We also act for clients in international arbitrations and have appeared before international arbitrators, arbitral institutions and work with major arbitral rules including International Court of Arbitration of the International Chamber of Commerce (ICC), London Court of International Arbitration (LCIA), Rules of the United Nations Commission on International Trade Law (UNCITRAL), London Court of International Arbitration-Mauritius Internationa Arbitration Center (LCIA-MIAC Rules), Mediation and Arbitration Center Rules (MARC Arbitration Rules) amongst others.

We also have experience with ad hoc arbitration. Our practice extends to advising and appearing in litigation cases, challenges and appeals under the International Arbitration Act 2008, including proceedings to recognise and enforce foreign arbitral awards.

ETUDE DYA GHOSE, Attorneys offer the best-suited and most effective enforcement strategies to client to realize their award. We praise ourselves to having assisted clients in recovery of their funds over other creditors, in circumstances where millions of dollars in awards deemed impossible to recover. With all the available tools, including, attachments, discovery of assets procedures, injunctions, seizures, we have been able to secure our clients funds up till recovery.

Key experience:

• Representing a Mauritian company holding a Global Business License in obtaining the recognition and enforcement of an award delivered by an arbitration tribunal in Geneva under the LCIA Rules arising out of shareholders’ dispute.

• Representing a land developer company registered in Zimbabwe for the enforcement and recognition of an award delivered by the Commercial Arbitration Centre in Harare against a Zimbabwean statutory body in connection with a USD 22 million arising out of a breach of a housing-offtake agreement, as well as defending an application to set aside a provisional order granting the enforcement and recognition of an award.

• Representing a company registered in Samoa, West America in arbitration proceedings under the LCIA-MIAC Arbitration Rules 2018 in relation to a breach of a client’s agreement for brokerage services.
• Representing a management company in connection with a $1.5 million arbitration claim from investment funds arising out of an alleged fraudulent bank transfers.

• Defending a local authority in an arbitral claim of MUR 73 million arising from a construction contract.

• Obtaining freezing orders and enforcement of a $ 15 million USD arbitral awards arising out of a diamond business partnership between Israelian partners.

• Advised and represented an authorised company in relation to dispute arising under a funding agreement of value of USD 25 million amongst partners in Nigeria engaged in an agricultural land acquisition.

• Ad hoc arbitration representing a major local group of companies in the construction industry against the Mauritius Revenue Authority to challenge refund of labour costs following recent amendments to local laws.