Mushtaq Namdarkhan | Partner | BLC Robert

Background

Mushtaq Namdarkhan is a Partner at BLC Robert within the Disputes Resolution department and is mainly involved in corporate/commercial litigations and arbitrations as well as insolvency and restructuring transactions. Mushtaq regularly appears before the Commercial and Bankruptcy Divisions of the Supreme Court of Mauritius in shareholder disputes, banking litigation and construction disputes among others, as well as before the Designated Judges under the International Arbitration Act in applications involving the International Arbitration Act and the Convention for the Recognition and Enforcement of Foreign Arbitral Awards Act. He is also involved in a number of high-value domestic and international commercial arbitrations.

Mushtaq has co-authored the BLC Robert publication “Why Mauritius? A National Court in Support of International Arbitration” in 2016 and regularly contributes in the “Chambers Global Practice Guides” on Insolvency. He also intervened as a speaker at the East Africa International Arbitration Conference in 2016 on “East African courts and support for Arbitration”. Mushtaq teaches civil law (contract) at the Institute of Judicial and Legal Studies.

Prior to joining BLC Robert, Mushtaq was an associate in the Restructuring and Insolvency Group at the London office of Herbert Smith (now Herbert Smith Freehills), a leading international law firm where he spent a total of four years.


Membership in Professional Societies

  • Bar of England and Wales (Gray’s Inn)
  • Mauritius Bar Association
  • Roll of Solicitors of England and Wales

Professional Qualifications

2010: Admitted to the Roll of Solicitors of England and Wales

2008: Sworn in as a barrister, Republic of Mauritius

2006: LL.M (Commercial Law), University of Cambridge, England

2005: Called to the Bar of England and Wales, Gray’s Inn

2004: MA (Hons) Law, University of Cambridge, England


 Areas of Expertise

  • Commercial litigation and dispute resolution
  • Domestic and international arbitration
  • Corporate Restructuring and Insolvency
  • Insolvency Litigation

Top Matters

  • Acting for investor funds in successfully defending a challenge before the Designated Judges of the Supreme Court to an international arbitral award in excess of USD 25 million in their favour against the investee company. The case is currently on appeal before the Judicial Committee of the Privy Council.
  • Acting for a major domestic bank before the Commercial Division of the Supreme Court in defending a USD 16 million claim against it by a former client for alleged foreign exchange losses.
  • Acting for investor funds in successfully defending a challenge before the Designated Judges of the Supreme Court to an international arbitral award in excess of USD 25 million in their favour against the investee company. The case is currently on appeal before the Judicial Committee of the Privy Council.
  • Acting for a major domestic bank before the Commercial Division of the Supreme Court in defending a USD 16 million claim against it by a former client for alleged foreign exchange losses.
  • Acting for a major domestic contractor on a MUR 100 million construction dispute with a luxury property developer, initially in an aborted arbitration and subsequently in court proceedings before the Commercial Division of the Supreme Court.
  • Appearing before the Designated Judges of the Supreme Court on the successful application by shareholders of a multi-million dollar UAE joint venture to obtain interim injunctions in support of foreign arbitration proceedings to suspend the effects of shareholder resolutions in Mauritius.
  • Acting for the majority shareholder in pending and anticipated litigation in the Commercial and Bankruptcy Divisions of the Supreme Court to resolve shareholder and boardroom disputes relating to a global business company with a large Pan-African asset base.
  • Successfully acting for the majority shareholder of a global business company in an international arbitration started by a minority shareholder alleging unfair prejudice and seeking a buy-out of USD 1.3 million.
  • Acting for one of the oil companies in Mauritius in a dispute with a retail dealer referred to arbitration.
  • Acting for a 5-star hotel owner in a USD 2 million dispute with its hotel manager referred to arbitration. The case was amicably settled.
  • Acting for a fund manager before the commercial court claiming USD 600,000 of unpaid management termination fees from a fund.
  • Acting for the bondholders on the default of a USD 80 million bond issue by an Indian-listed company in successfully obtaining freezing orders, attachment orders and executory orders in the Mauritian jurisdiction.
  • Acting for Deloitte Mauritius partners as administrators of a major textile manufacturer (Star Knitwear) on the successful exit of that company from administration following a MUR 1 billion takeover.
  • Acting for Beijing Construction and Engineering Group of a MUR 1.8 billion residential project on the successful takeover of that project out of its liquidation.
  • Acting for PwC Mauritius partners as administrators of the promoters of the Port Chambly hotel and residential development on the successful exit of the companies from administration involving a takeover and restructuring of debts in excess of MUR 600 million.