Litigation and arbitration

PLCJ represents its clients in judicial or arbitration proceedings in France and Mauritius in all civil and commercial matters including:

• Disputes relating to transfer of shares and disagreements between shareholders (implementation of the liability guarantee, disputes between shareholders, directors’ liability, dispute involving an employee who is also a minority shareholder…)
• Intellectual Property disputes (trademarks or copyrights’ infringement litigation, action for forfeiture of trademarks, trademarks’ claim or invalidity claim)
• Antitrust disputes (before French or Mauritian authorities, or the COMESA Competition Authority)
• Commercial disputes in general (abrupt termination of business relationships, unfair business practices, action “en comblement de passif”, wrongful termination of negotiations …)

PLCJ also assists its clients in other alternative dispute resolution proceedings.

Experiences:

In Mauritius:

• Representation of a Mauritian group specialised in the bottling and distribution of beverages before Competition Commission Mauritius in relation to a legal inquiry regarding a hardcore cartel;
• Representation before Mauritian jurisdictions of the former foreign shareholder of a company incorporated in Mauritius in relation to a dispute between shareholders regarding a breach of the Shareholders’ Agreement and the inalienability nature of shares;
• Representation of a Mauritian investment fund in a MARC arbitration proceeding in relation to a breach of the terms of their investment in the Fund committed by two investors;
• Representation before Mauritian jurisdictions of a French company in its capacity of insurer of the first respondent in relation to a real estate dispute opposing the latter to a South-African subcontractor;
• Representation of the interests of a British investment firm as a minority shareholder of a Mauritian offshore company in a MARC arbitration proceeding.

In France:

• Representation of a Mauritian group before the French jurisdictions in a commercial dispute against its customs’ broker following a recovery procedure performed by customs;
• Representation of a French telecommunication operator before the French jurisdictions against a leading company in the smartphone sector in a trademarks’ infringement litigation;
• Representation of a Mauritian group specialised in the bottling and distribution of beverages before the French jurisdictions in a commercial dispute grounded on abrupt termination of business relationship;
• Representation before the French jurisdictions of the former executive of a French distributor of medical supplies in a procedure of « comblement de passif » initiated by the authorized liquidator of the Company;
• Representation before the French jurisdictions of a Mauritian group involved in the agricultural sector requesting the disposal of machines seized at the sub-purchaser’s premises for the absence of payment by main debtor;
• Representation of a Mauritian group before the French jurisdictions in a dispute against the Regional Office of Customs of Reunion Island with regards to a discriminatory application of the excise duty;
• Representation of a Mauritian group specialised in the bottling and distribution of beverages before French jurisdictions in an action for forfeiture of trademark.