Arbitration is a flexible, consensual process for resolving commercial disputes in a manner which will bind the parties and which is enforceable. Parties entrust their dispute to one or more independent and impartial third party or parties who will decide on the dispute. The arbitrators or the Arbitral tribunal as it is often called, make an award or give a decision after having heard all the parties, through rules of procedure that have been commonly agreed between them. The award is binding on the parties and can be made enforceable by the judicial authorities through the procedure of ‘exequatur’. The process is more flexible, speedier and in the long run, less costly than lengthy court proceedings. It also provides parties with more control on the dispute resolution process.
Civil litigation encompasses a broad range of disputes, where one party is generally claiming that another party has committed a wrong, but not a crime. Members of Chambers regularly act for claimants and defendants in a range of disputes such as compensation for personal injury, landlord/tenant matters, and actions in respect of any rights arising out of the ownership of property or servitude, amongst others.
Commercial litigation often relates to commercial contract disputes, civil fraud, business protection, and company law. Members of Chambers regularly advise and litigate in a wide range of commercial contract matters, in both the Commercial Court and a range of arbitral forums. Issues which are regularly dealt with include bankruptcy cases, insolvency, matters arising out of the Companies Act, banking, insurance, bills of exchange, and disputes between traders in relation to dispute of commercial nature.
Competition law promotes or aims to maintain market competition by regulating anti-competitive conduct from companies. Competition law is implemented through public and private enforcement. Our chambers is acknowledged as one of the leading sets in all areas of competition law. We offer recognised specialists at every level of seniority to suit every type of competition law case.
Criminal law is a body of rules and statutes that define conduct prohibited by the government because it threatens and harms public safety and welfare. The State is in charge of the prosecution of criminal acts whilst lawyers in private practice assure the defence. The Chambers has always maintained a reputation for excellence in criminal advocacy, and our criminal practitioners are specialists in protecting the rights of the accused and defending the innocent. Our Members of Chambers are fully committed to providing the highest standards of client care, be it a client charged with murder or a client charged with driving offences. We will strive at all times to act in the best interests of our clients.
Everyone responsible for the use of data has to follow strict rules called ‘data protection principles’. Members of Chambers have long-established expertise in data protection, advising on data protection and laws and principles in various circumstances, ranging from information in the possession of Companies to compliance issues.
Family law consists of a body of statutes and case precedents that govern the legal responsibilities between individuals who share a domestic connection. These cases usually involve parties who are related by blood or marriage. However it is important to note that family law can also affect those in more distant or casual relationships as well. Members of Chambers have a wide expertise in a range of matters such as divorce, finance and separation of property after divorce, adoption, child custody and domestic violence amongst others.
Labour Law refer to the laws governing industrial enterprises. Such laws usually concern the relationship between workers (employees), employers, trade unions and the government. Members of Chambers act for employers and employees in disciplinary hearings and before the Industrial Court. A broad range of work is covered, including, amongst others, employees’ rights at work and through their employment contract, unfair dismissal, acceptable employees’ conditions at work, and workers safety regulations.
Intellectual property law protects the legal rights of creators and owners in relation to intellectual creativity. It lets people own the work they create. Intellectual property rights are, broadly, rights granted to creators and owners of works that are the result of human intellectual creativity. These works can be in the industrial, scientific, literary or artistic domains. They can be in the form of an invention, a manuscript, a suite of software, or a business name, as examples. The four main types of intellectual property rights are patents, trademarks, designs and copyright.
Public procurement law regulates public sector bodies purchases and various utility sector bodies of contract for goods, works or services. To prevent fraud, waste, corruption, or local protectionism the law of most countries controls government procurement closely. Members of Chambers deal with several of sets of procurement instructions each year. We believe that our range of procurement experience and expertise rank us amongst one of the leading Chambers in this field in Mauritius.