Mauritius

Mauritius

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Team Leader, Mauritius Muhammad R C Uteem mauritius@laborlawplus.com

More than 25 years in labor and employment law.

Other Areas of Practice:

  • International commercial law
  • Corporate finance
  • Public law
  • Trusts and tax consultancy and litigation
  • Civil law
  • Real Estate law
  • Environmental law
  • Revenue and taxation
  • Company law
  • Insolvency law
  • Corporate finance
  • Data Protection law
  • Insurance law
  • Competition law
  • Family law and private international law
  • Civil, commercial and criminal litigation
  • Securities law
  • Shipping law
  • Islamic finance
  • Intellectual property law
  • Arbitration and mediation

Professional Experience:

  • Managing Partner, Uteem Chambers, 2010 – Present
  • Associate, Winthrop Stimson Putnam & Roberts (now Pillsbury Winthrop Shaw Pittman LLP), in Singapore, Hong Kong and Japan.

Education:

  • University of Buckingham, England, LLB in Politics and Law; Jan 91-Dec 92
  • University of London (King’s College), England, LLM in International Business Law, International Tax Law; Law of International Finance; Company Law International and Comparative Law of Trusts; Nov 95-Sep 96:

Languages: English, French, Urdu and Creole

Professional Memberships:

  • Called to the Mauritius Bar; Nov 95
  • Called to the English Bar (Middle Temple); Nov 93
  • Member of the National Assembly
  • Alternate member of the Steering Committee set up by the Government for the establishment of a Financial Services Authority
  • Participated in the drafting of the Financial Services Development Act, the Trusts Act 2001 and the Investment Limited Partnership Bill
  • Regularly contribute articles in international journals and speak at international conferences
  • Founder Member and Chairman of Society of Trust and Estate Practitioner Mauritius branch
  • Executive Committee Member of International Fiscal Association, Mauritius branch

Publications:

  • The World Trust Survey by Gothard Shah – Oxford Publication (collaborated for the Mauritian chapters)
  • International Trust Laws by Glasson – Jordans Publication
  • 2nd Edition of International Trust and Divorce Litigation – Jordans Publication
  • The Dispute Resolution Review by Law Business Research ( as from 6th edition)
  • The Mergers & Acquisitions Review by Law Business Research (as from 7th edition)
  • Protecting Wealth : A jurisdictional Guide – China Edition
  • Extraterritorial Regulation Survey 2013 by IFLR
  • Plus many others

Overview:

Our affiliate in Mauritius is a full service law firm which was founded in response to the demand for Mauritius-based lawyers with international exposure and expertise in international business.

Our affiliate has a very diverse portfolio of national and international clients from a range of industries and public bodies.

Our team of highly qualified legal professionals include lawyers qualified in Mauritius, England and Bangladesh. The team is fluent in several languages including English, French, Hindi, Urdu and Bengali.

Labor and Employment Practice:

The firm has an experienced team of labor and employment lawyers who are experts in their field and regularly provide advice and assistance on labor and employment issues faced by businesses operating in Mauritius both at employee and employer levels, including legal representation before disciplinary committees, the Industrial Court and the appellate Court.

Our team regularly drafts employment contracts, suspension letters, charge letters and provides advice on a wide range of labor and employment law issues, including terms of agreements, termination of contracts, remuneration, advice on occupational health and safety measures, data protection and any other ancillary matters.

The firm provides regular advice in relation to the procedure for termination of contract of employment for poor performance, misconduct or for economic or structural reasons and are regularly called upon to provide advice on and monitor the procedure to be followed during disciplinary proceedings. The team also assists and represents employers in conducting disciplinary hearings.

In addition, our affiliate regularly advises and assists employees in responding to request for explanations sought from them by their employers, to rebut charges levelled against them and assists them during the conduct of disciplinary hearings.

The team regularly deals with the Labour Office of the Ministry of Labour, Industrial Relations, Employment and Training, trade unions and Human Resources Managers in relation to disputes between employers and employees relating to various issues, such as termination of contracts and remuneration.

Our affiliate also liaises with the Board of Investment and the Passport and Immigration Office in relation to the employment of non-citizens and on matters relating to work permits and occupation permits.

The Plus – Business Law Capacity:

Our affiliate deals with the full range of business law including advising international clients on complex legal issues arising in a diverse range of industries including banking and finance, securities law, corporate law, cross border insolvency, international tax and trusts laws and dispute resolution among many others, as well as in all aspects of offshore business activities.

Much of the work in the practice involves providing legal advice to world’s leading international financial institutions, multilateral development banks, inter-governmental organizations and professional advisers including leading international law and accountancy firms.

The firm has acted in some of the biggest and complex transactions involving Mauritius incorporated companies, including advising a global bank in the financing of an acquisition of an Indian telecommunication company worth over $3.5 billion. The firm has also acted for senior lenders in aircraft leasing transactions including Islamic leasing. The firm was involved in the setting up of several multi million private equity funds for investment into India, China and Africa mainly in the infrastructure and telecoms sectors.

Key Facts:

  • Location: Port Louis, Mauritius
  • Size: 1 Partner, 5 Associates
  • Business Law Practice Areas: Labor & employment; M&A; corporate and commercial law; commercial litigation and arbitration; international tax planning and domestic tax; international investments with an emphasis on private equity or collective investment scheme, including hedge funds; international and domestic trusts; company law global businesses and partnerships; joint venture, takeovers and bankruptcy; international criminal law and economic crimes; international finance law inclusive of capital structured finance and derivatives, asset finance, convertible equity and debt securities, traditional loan financing, secured or unsecured, straight or syndicated; securitisation by making use of special purpose vehicles; aircraft leasing; international banking and privatization; contracts, business law and franchising; IP/IT and software licensing; media, film production and advertising; sports sponsorship; corporate matters and compliance; real estate investment and leasing.
  • Languages: English, French, Hindi, Urdu and Bengali

Listings/Rankings:

  • Ranked in Chambers Asia-Pacific 2016 as leading lawyers in their respective practice areas
  • International Financial Law Review places Uteem Chambers in Tier 1 of recommended law firms in Mauritius
  • Chambers and Partners recommends Uteem Chambers and Muhammad Uteem
  • IFLR 1000 places Uteem Chambers in Tier 1 of recommended law firms and Muhammad Uteem as leading lawyer

Awards/Recognitions:

  • 2014:Highly Recommended Law firm the International Financial Law Review (IFLR1000)/Petroleum Economist: Energy and Infrastructure Guide (2014)
  • 2013:IFN Indonesia Deal of the Year, for the Golden Agri-Resources RM5 billion Islamic MTN Program
  • 2012:Business Law Firm of the Year (Mauritius) – CorporateLiveWire Global Award 012
  • 2012:Law Firm of the Year in Mauritius – Corporate INTL Legal Awards 2012
  • 2011:Dispute Resolution Law Firm of the Year (Mauritius) – Finance Monthly Law Awards 2011
  • 2011:Offshore Law Firm of the Year 2011 (Mauritius) – Acquisition International
  • 2011:Business Law Firm of the Year (Mauritius) – Global Law Experts Award 2011
  • 2011:Business Law Firm of the Year 2011 in Mauritius – Corporate INTL Global Awards
  • 2011:Dispute Resolution Award – Lawyers Monthly Awards

Contact: mauritius@laborlawplus.com

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