In several Commonwealth jurisdictions, the corporate legislation allows creditors to petition a court to order the winding up of a debtor in circumstances where that debtor is unable to pay its debts as they fall due. Such legislation generally presumes that the debtor is insolvent if it has failed to comply with a statutory notice
This article was published in MARC Insights in December 2019.
By Bilshan Nursimulu (Orison Legal) and Ben Hornan (Hogan Lovells, London)
One of the reasons why Mauritius is considered as a pro-arbitration jurisdiction is because of its courts’ effective supervision of – but non-interference in – the arbitral process. Almost systematically, the Mauritius courts decline to hear a