MAURITIUS Law and Practice Contributed by: Sameer K Tegally, Sonia Xavier and Ashvan Luckraz, Venture Law
jurisdiction, the Supreme Court has jurisdiction to hear and determine the following civil mat - ters, where the value of the claim exceeds MUR2 million: • divorce and matrimonial proceedings; • petitions for insolvency; • all matters of a commercial nature; • admiralty matters; and • claims for Constitutional relief. The Commercial Division of the Supreme Court The Commercial Division of the Supreme Court was set up by the Chief Justice by way of an administrative notice in 2009. It has jurisdiction to hear and determine matters arising under the Insolvency Act 2009 and the Companies Act 2001; disputes relating to banking, bills of exchange, offshore business, patents and trade marks or passing off; disputes between traders and related matters; and generally deals with anything that is of a commercial nature. The Intermediate Court Following recent legislative amendments, the Intermediate Court now has jurisdiction in all civil cases where the claim or matter in dispute ranges between MUR250,000 and MUR2 mil - lion. The District Court Under the 2018 Act, the District Court now has jurisdiction to hear civil cases where the claim or matter in dispute does not exceed MUR250,000. The Children’s Court There is now a specialised court known as the Children’s Court, which consists of a protective and criminal division. This court ensures that appropriate arrangements are made in the best interest of children. Proceedings are conducted
in simple and comprehensible language, taking into account the age and level of maturity of any child. 2. Restrictions on Foreign Investments 2.1 Approval of Foreign Investments Foreign investors may invest in a number of
fields, such as: • agro-industry; • aqua-culture and ocean economy; • education; • financial services;
• healthcare; • hospitality;
• property development and smart cities; • ICT-BPO (information and communications technology, and business process outsourc - ing); • life sciences; • logistics; • manufacturing; and • media and creative industries. Depending on the nature of the field, most activi - ties would require prior approval from the Eco - nomic Development Board (EDB) and/or other relevant authorities. Businesses engaged in unregulated activities may start operations immediately after register - ing with the Corporate and Business Registra - tion Department. Investors should ensure that they hold the appro - priate licence before starting a regulated activity.
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