Meet the team

Etude Dya Ghose

Etude Dya Ghose

Port Louis, Mauritius
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Deals

Advised and defended an Administrator appointed by the Court, in series of litigation and arbitration matters initiated by the directors and shareholders of the Devas Group of Companies to challenge the appointment of the Administrator.  As a background to the dispute are claims of some USD 650 million against the Republic of India, arising out of alleged cancellation of lease agreement by the Government of India.

Represented Apex Fund and Corporate Services in defending a $1.5 million arbitration claim from investors in Cayman Islands, before the London Court of International Arbitration (LCIA) in connection to cyber fraud.

Advising and representing the board of AfrAsia Bank Limited (Mauritius) in a minority shareholder dispute to challenge a transfer of shares worth USD240 million, from National Bank of Canada and IBL Ltd to AFG (Holding).

Advised and represented UBS AG Singapore Branch & UBS AG in litigation matters in relation to a joint loan facility agreement for an amount of USD 100m with the Mauritius Commercial Bank (MCB) to a Singaporean company. MCB entered a claim of USD 13 million against UBS before the Supreme Court of Mauritius following a dispute over the terms of the loan facility agreement.

Advised and represented the Competition Commission of Mauritius and its Executive Director in relation to appeal proceedings lodged by Visa Worldwide Pty Ltd and Mastercard International Inc, and BCP Bank (Mauritius) Limited to challenge decisions of the Commission to limit interchange fees charged by the appellants for debit and credit card payments to a maximum of 0.5% in Mauritius. All the Banks operating in Mauritius are parties to these appeals.

Acted for the resident directors and advised resident and non-resident directors of AfrAsia Bank Limited (the Bank), a commercial bank incorporated in Mauritius since 2007, in relation to injunctive reliefs sought by a minority shareholder of the Bank, to prevent the transfer of shares held by inter alia National Bank of Canada and IBL Ltd to AFG (Holding) resulting in the later holding some 75% shareholding in the Bank. Also initiated procedures by the directors of the Bank for the discharge of interim orders obtained by minority shareholder to prevent the aforesaid transfer of shares. Also formerly represented the Chairman of AfrAsia Bank Limited in a dispute with another independent and non-executive director to hold board meetings with agenda in contravention to compliance rules.

Advised and acted for Her Royal Highness Camilla De Bourbon des Deux Siciles and the Camillo Crociani Foundation IBC(Bahamas) Limited in all  their legal proceedings in Mauritius and worldwide, up till the Judicial Committee of the Privy Council to assert the  rights of Her Royal Highness in a multimillion pound inheritance battle against her other siblings. Also advised and worked alongside the mother of Her Royal Highness, namely Mrs Edouarda Vessel Crociani as well as Gfin Corporate Services Ltd

Initiated exequatur and enforcement proceedings in Mauritius on behalf of Mr. Alon Arabov and Arabov Group Ltd (diamond dealers), of an award obtained in their favour against one Erez Dayelot, resulting out of a dispute between business partners in the diamond industry. Also initiated interim relief applications to prevent the disposal of the shares held by the Debtor in a GBC Company in Mauritius. Further, in order to execute the award on the shares held in the Mauritian company, sought for and obtained an exceptional equitable remedy from the Supreme Court which granted an order to our clients appointing a third party to act on behalf of the debtor in the GBC Company, with all the statutory powers of a shareholder. The purpose of this application was to allow the Mauritian GBC Company to file a claim against one of its debtors which went into liquidation in Cyprus. Should the claim be recovered by the Company against the debtor in Cyprus, our clients would be able to recover the amount of its award through dividends to be paid by the GBC Company in Mauritius to its shareholders (of which the majority shareholder is the debtor of our clients).

Acted for foreign investors who had invested in a Fund in Mauritius against the Fund Administrator, Fund Manager and the Custodian bank of the Fund Administrator, to declare the investments and PPM, Subscription Agreement, Investment Management Agreement and other related documents null and void on ground of breach of initial conditions of the investment and for refund of all the funds invested. Also sought and obtained interim reliefs to prevent the Fund Administrator and Fund Manager from dealing with the funds held with the custodian bank. At the hearing, the matter was settled wherein the Fund agreed to immediately pay to the investors their initial investment amount and further give them a lumpsum in settlement of value of the Private Equity shares held in their name as a result of the investments effected.

Representing Gfin Corporate Services Ltd , a management company in Mauritius in connection with a $1.5 million arbitration claim before the London Court of International Arbitration (LCIA) from its clients – investment management companies in Cayman Islands, arising out of fraudulent bank transfers to an alleged  fraudster. Pursuant to a plea in limine raised by Gfin, the arbitral tribunal declined jurisdiction and set aside the award. The opposing parties initiated proceedings in Mauritius to set aside the provisional order made at the request of Gfin, by the Supreme Court of Mauritius declaring the award executory and enforceable in Mauritius and also initiated proceedings to challenge the Award and declare that the Arbitral Tribunal ought to have found that it had jurisdiction to determine the issues in lite.

Acted for Oberoi (Mauritius) Ltd (Oberoi), a company incorporated in British Virgin Islands (BVI) and having its shareholders in Switzerland and BVI and its subsidiary (Island Resorts Ltd) in Mauritius, in a tax controversy and litigation case in Mauritius regarding controversies on the interpretation of relevant sections of the Income Tax Act, Mauritius. The issue was whether the Mauritius Revenue Authority was right to deny Oberoi a deduction on interest expenditure incurred in production of gross income.

Represented JPMP MPL Holdings Limited (JPMP) up to the Judicial Committee of Privy Council in a joint venture dispute between JPMP and Leedon Ltd, relating to a right of first offer and proprietary nature of such right and construction of Shareholder agreement amongst others.

Organigram

Team Services

Dya Ghose, Attorney-at-Law

Dya is the Managing partner Etude Dya Ghose, Attorneys.

After her studies at the University of Mauritius in 2004, Dya joined the legal department of one of the leading companies in Mauritius namely Rogers Capital. She thereafter enrolled as paralegal at Benoit Chamber. Dya ranked First at her first attempt at the Attorneys Vocational Examinations, Mauritius in 2005. She qualified as Attorney-at-Law in 2006.  Dya has worked as consultant for International Financial Services Ltd. She was a lecturer at the University of Mauritius and at the University of Technology, Mauritius. She reckons more than 18 years of experience in the legal field.

Dya is former President of the Mauritius Law Society and the second woman Attorney to hold this post.

Dya specialises in complex corporate litigation, arbitration and insolvency. She has been involved in several heavy weight offshore litigation cases and in high-profile cases. She has a special interest for competition law and has been acting as attorney of the Competition Commission of Mauritius for the past 6 years. She advises clients in a wide range of complex disputes across various areas of law  including dispute resolution, commercial law, civil law, competition, arbitration, banking, telecoms, mergers and acquisitions, schemes of arrangements, joint ventures, property matters, debt recovery and labour law disputes.

Dya successfully represented clients in numerous legal proceedings locally and internationally notably in Israel, Zimbabwe, Samoa island, Australia, United States, Germany, Amsterdam as well as in in high profile and politically sensitive matters such as cases relating to proceeds of crime and investigations. She has appeared in a notable cases which has shaped the Mauritian jurisprudcence. She also acts as agent before the Judicial Committee of the Privy Council for a number of clients. Dya has been advising clients like JPMP MPL Holdings Ltd, UBS, ASOS, Oberoi Hotels, Microsoft and a number of leading companies in Mauritius.

Dya is a Neuro-Linguistic Programming (NLP) Practitioner and part of IR Global – Africa Group. She is a member of the Mauritius Law Society.

She speaks fluent English, French, Creole and Hindi.

Shyamal Dookan, Attorney-at-Law

Shyamal is an Associate at Etude Dya Ghose, Attorneys, with over five years of experience in the legal field. He obtained his law degree from the University of Mauritius and successfully passed the Attorney’s Examinations conducted by the Council for Vocational Legal Education on his first attempt in 2017. Before joining Etude Dya Ghose, Attorneys, Shyamal led the corporate and commercial department at a prominent law firm in Mauritius.

Shyamal possesses a broad expertise and is recognised for his proficiency across a wide spectrum of civil and commercial legal matters. He approaches legal challenges with composure and a level-headed demeanor, maintaining a commitment to the highest standards of professionalism in both his professional and personal life.

Zahraa Elahee, Attorney-at-Law


Zahraa is an Associate Attorney at Etude Dya Ghose. Zahraa advises clients on a range of commercial disputes and has experience in arbitration matters.  She also has experience in judicial review proceedings and enforcement matters.

Prior to joining Etude Dya Ghose, Zahraa worked at the Institute of Judicial and Legal Studies. Zahraa started training at Etude Dya Ghose since her 2nd year at Aberyswyth University. She sworn in as an Attorney in 2019.

She speaks fluent English, French and Hindi.

Aïcha Monsoor, Attorney-at-Law

Aïcha is an Associate Attorney at Etude Dya Ghose. She advises on a wide range of civil matters with an emphasis on competition law, trust law and commercial law. She also has experience in litigation in the public education sector and in protecting confidential information from misuse by current and former employees and enforcement of restrictive covenants.

She earned her law degree from the University of Mauritius and became an Attorney in 2019.

Aïcha was awarded a gold award by the Republic of Mauritius for having completed the Duke of Edinburgh International Award Programme in May 2023.

Nikhilesh Kissoon, Attorney-at-Law

Nikhilesh is an Associate at Etude Dya Ghose. Since the start of his legal practice, he has seconded the Head of set and the associates to the litigation and arbitration proceedings. His interest and experience include advising corporates in relation to debt recovery, employment law issues and real estate issues. He also excels in family law disputes.

He succeeded the Attorneys’ vocational exams in 2022.

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