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Firm Overview

 

Established in 2002, member of Lex Africa since February 2014, member of other organizations and listed in Chambers & Partners and IFLR, Erriah Chambers specializes in International Tax Law, International Trusts Law, International Business Law, and all aspects of offshore business activities.

The Chambers was set up in response to the demand for Mauritius-based lawyers with international exposure and specialized expertise in the fields of International Trust, International Finance, Banking Law, Shipping Law, Aircraft Finance and Leasing, Project Finance, Corporate & Commercial Law, Litigation and cross border insolvency, tracing and debts recovery, enforcement of foreign judgments, arbitral arwards, arrest of foreign vessels and drafting of transactional/security documents.

Erriah Chambers also acts as legal adviser and legal consultant to various banks in Mauritius and internationally. More than 80% of the chamber’s practice involves advising international clients, multinational enterprises, international law firms, the top ten international accountant firms, management companies, domestic and international banks. The chambers is also involved in setting up of various investment funds with very complexed structures in India, various jurisdictions in Africa, and China etc. The chambers provides litigation services, advice and legal opinions on any aspect of the laws of Mauritius, international tax planning, domestic taxation, import and export services, all cross-border transaction, hotel industry and construction law, international investments, international trusts law.

Erriah Chambers also acts as legal adviser and legal consultant to various banks in Mauritius and internationally.

Lawyers

 

Name: Dev R. Erriah
Title: Barrister
Degree: LLB, LLM, TEP

Specialises in:

Mergers & Acquisition Finance/Banking, Investment Management, Lease and Transportation Finance, Private Equity and Venture Capital, Structured Finance, Aircraft Finance and leasing; Project Finance, securities, capital markets practices, regulatory compliance, antitrust and competition, setting up of offshore companies, offshore fund and Collective Investment Scheme, on international banking and privatization. International tax and trust structuring, implementation of international transactions, negotiation, drafting of transaction documents and review of all legal documentation inclusive of trusts deeds, corporate constitutive documents, credit facility documents etc; International Arbitration & Cross-Border litigation, International litigation such as international bankruptcy, enforcement of international creditor’s claim, money laundering Mauritius and at international level.

Achievements:

• Member of International Fiscal Association (“IFA”)
• Member of the Bar of England and Wales
• Member of the Mauritius Bar Association
• Member of the International Bar Association (“IBA”)
• Assistant Vice-Chair Committee N (Taxes) IBA
• Member of Committee E (International Banking) IBA
• Member and News Editor of Committee 5 (Trusts) IBA
• Ex- Chairman of the Society for Trust and Estate Planners (STEP) Mauritius Branch
• Member of the U N Working Group on Internet Governance appointed by the UN Secretary General

Firm Highlights

Significant marketplace recognition include:

  • Acquisition Legal Awards 2011- Erriah Chambers- Mauritian Corporate Law Firm of the Year;
  • World Finance Legal Awards 2012- Erriah Chambers- Best Tax Firm, Mauritius;
  • World Finance Awards 2012- Dev Erriah, Erriah- Chambers, Best Tax Consultant, Mauritius;
  • Finance Monthly Global Awards 2012- Erriah Chambers- International Tax Law Firm of the Year, Mauritius.
  • Capital Finance International – Best Law Firm Africa 2012 – Erriah Chambers
  • ACQ Global Awards 2012 – Mauritius – Corporate Law Firm of the Year – Erriah Chambers
  • ACQ Global Awards 2013 – Mauritius – Corporate Law Firm of the Year – Erriah Chambers
  • ACQ Global Awards 2014 – Mauritius – Corporate Law Firm of the Year – Erriah Chambers
  • ACQ Global Awards 2014 – Mauritius – M&A Law Firm of the Year – Erriah Chambers


Key clients include:

Air Asia, Clifford Chance, Allen & Overy, Deutsche Bank, Barclays Bank Plc, Investec Bank, Mcfarlanes (London), SJ Berwin LLP, Francis Lefebvre Paris, GPCP LLP, Hotel Four Seasons, Norton Rose South Africa, Standard Chartered Bank, BNP Paribas, State Bank of India, State Bank of Mauritius, Nedbank (South Africa) Avolon Aerospace AOE 29 Limited, Eversheds, Hogan & Lovells, Sagaar Group, Simmonds & Simmonds, The Osiris Group, White & Case, Nordic Aviation, Alchemy Capital Management Pvt. Ltd, Baker & Mckenzie


Strategic associations/memberships include:

• Acquisition International;
• Business Magazines (Mauritius);
• ACQ Global;
• China Business Law Journal;
• China Economic Review;
• Corporate Live Wire;
• Global Business Magazine;
• International Guide to Hedge Fund;
• Lawyer Monthly;
• Planning & Administration on onshore & Offshore Trust;
• Practical Law Company;
• Thomas Jefferson School of Law.

Practice Areas

 

Corporate and Commercial Law

Erriah Chambers provides a wide range of services in corporate and commercial matters. We advise on all aspects of corporate law and accompany our clients throughout each step of the company’s business affairs, from incorporation to insolvency. Our large client pool consists of various types of companies, whether domestic or international, from small and medium-sized entities to multinationals. We also assist on corporate structuring with a view to attaining tax efficiency for our clients. Our rich experience coupled with the expertise of our personnel allow us to advise on various taxation issues such as the application of our wide range of double taxation avoidance agreements.

Litigation

Erriah Chambers has a diverse litigation practice. We handle a broad range of complex matters in civil, criminal and commercial courts in Mauritius, as well as before agencies, administrative bodies and arbitration tribunals. Our lawyers have trained and acquired experience in the United Kingdom and France, and therefore have a strong grasp of both common law and French civil law.

We represent clients as plaintiffs and as defendants in a wide range of substantive areas including civil and commercial disputes, bankruptcy and insolvency proceedings, employment, tax disputes, finance-related criminal cases, property law amongst others.

Global Business

Mauritius is a strategic global business centre and is one of the most open and financially sound economies in sub-Saharan Africa. Mauritius is located between Asia and Africa, and the success of its economy is a direct result of its political and socio-economic stability, coupled with good governance and a wide range of incentives to boost investment.
The country’s adoption of international best business practices and sustainable development policies has been acknowledged by international agencies such as the Organisation for Economic Cooperation and Development (OECD), the Financial Action Task Force (FATF) and the World Bank.
The country has embarked upon a new reform program with the objective of becoming the financial hub of the African region and an ideal stepping stone for investment and doing business in Africa, Middle East and Asia.

Trusts

Erriah Chambers has unparalleled experience in advising on various aspects of trust law and international trust law.

Mauritius has introduced trust law for the benefit of both residents and offshore settlors.

Prior to 2001, the Trust Act 1989 allowed the creation of domestic trusts based on the traditional English model, and the Offshore Trusts Act 1992 allowed the creation of offshore trusts. The Trust Act 1989 and the Offshore Trusts Act 1992 have been been repealed by the Trusts Act 2001 which was introduced to fuse the domestic trust and offshore trust legislation in a bid to avoid ring-fencing.

Under the Trusts Act 2001, a settlor may set up any of the following types of trust: protective trust or spendthrift trust, maintenance and accumulation trust, interest in possession trust, discretionary trust, charitable trust, purpose trust and commercial and trading trust.

The settlor of an offshore trust may not be a resident of Mauritius, and the trust must have at least one qualified trustee who is a person residing in Mauritius or a Mauritian management company or a bank authorised by the Financial Services Commission to provide trusteeship services.

The Investment Promotion Act has been amended to allow non-resident settlors or non-resident beneficiaries of a trust to own immovable property in Mauritius solely under the Integrated Residential Schemes (‘IRS’) and the Real Estate Scheme (‘RES’) without the approval of the Prime Ministers’ Office under the Non-Citizens (Property Restrictions) Act 1973, as amended. Non-citizens of Mauritius wishing to avail themselves of immovable property in Mauritius under the IRS and RES may use trust or domestic company to do so subject to registration duty applicable to IRS and RES.

Tax

Erriah Chambers advises extensively both domestic and foreign entities transacting with Mauritius on various tax issues.

Aircraft related transactions

Erriah Chambers has unrivalled experience on aircraft transactions in general. For more than a decade now, we advise on aircraft-related transactions on a regular basis. We offer corporations and individuals comprehensive, end-to-end services to effectively handle aircraft purchasing, leasing, and financing transactions.

With extensive experience in nearly every form of aircraft-related transactions, we thoroughly understand the specificities of structuring and successfully closing aircraft transactions. We regularly represent purchasers, sellers, lessors, lenders and other financiers, lessees, and aircraft manufacturers in a broad range of transactions.

Banking and Finance

Erriah Chambers has a solid track record with respect to advising on banking-related transactions. We act as legal advisers to a number of banks in Mauritius, including offshore banks. We provide specialist advice and transactional support to banking institutions and corporate clients in general on matters involving private equity investment, syndicated loans, securities lending, project financing, fund management and cross-border finance structuring.

Erriah Chambers’ experience and practice in banking law goes back to more than a decade. We also provide litigation support to some banking institutions in Mauritius.

In addition to the above, we provide assistance to clients on compliance with local anti-money laundering regulations.

Employment Law

In addition to providing advice on corporate law, Erriah Chambers also assists its corporate clients on employment law issues that they encounter on a regular basis.

We advise on all aspects of employment law, with the aim of achieving quick resolution of employment issues that arise in a corporation. In that respect, we aid in drafting employment contracts and compliance manuals, carrying out employment audits, setting up disciplinary committees and negotiations with employees. We also provide litigation solutions to companies on employment-related matters.