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Shrivan Dabee

Shrivan Dabee

no boundaries

practical experience

Shrivan Dabee is an Executive at ENS in Mauritius.

He specialises in commercial dispute resolution, employment, competition and revenue laws litigation. He has experience appearing before labour courts and tribunals, the Competition Commission, the tax tribunal, the Commercial Court, the Supreme Court, the COMESA Court of Justice, and the Judicial Committee of the Privy Council.

His competition law experience includes advising on merger notifications and joint purchasing agreements, as well as assisting clients in allegations of abuse of monopoly power, as well as alleged anti-competitive conduct in the retail automobile industry. He has assisted clients operating in the financial services industry in respect of the largest cartel investigation so far run by the Competition Commission of Mauritius. He has also assisted clients operating in agriculture in respect investigations of cartel behaviour in the supply of meat products.

Shrivan regularly assists clients in all aspects of revenue law litigation, up to the Judicial Committee of the Privy Council.  Recently, he has assisted clients in respect of their claims for partial exemption of income tax in Mauritius, on various indirect tax disputes, namely Value Added Tax applicable on sale of jet fuel and on cancellation fees and deposits, and on domiciliation of trusts in Mauritius.

Shrivan has also appeared as junior counsel in a number of complex cross-border litigation matters and has appeared before arbitral tribunals set up under the ICC Rules and the MARC Rules. He has also been involved in a number of applications in respect of foreign arbitral awards and incidental applications in aid of international arbitration.  Shrivan has also assisted two major conglomerates in Mauritius in respect of a high profile investigation carried out on behalf of the Chief Executive of the Financial Services Commission under sections 44 and 44A of the Financial Services Act.

In terms of his employment law experience, Shrivan has assisted clients in respect of cross-border retrenchment plans and has appeared in some of the largest severance allowance claims before the Industrial Court. He has successfully appeared for employers in labour disputes against trade unions and regularly advises clients in respect of employment contracts, discrimination claims, employment policies and pension entitlement of employees. Shrivan is also regularly called upon to chair disciplinary committees and has drafted codes of ethics for a number of listed companies in Mauritius.

Shrivan regularly appears for and advises some of the largest insurers in Mauritius. More recently, he has been involved in a number of business interruption claims – both for insurers and insureds – following the COVID-19 pandemic.   He has also assisted insurers to adapt Llyod’s Market Association clauses under Mauritian law, and has appeared in Court in respect claims arising under various policies, namely, motor, fire, employee liability, machinery breakdown and property covers.

Shrivan is a member of the editorial team of the New Bar Chronicle,  for which he conducted an interview of Lord Neuberger and for the year 2021, is a member of the Commercial/Corporate Barristers Committee set up by the Bar Council of Mauritius. He was a member of the Working Group set up by the Financial Services Commission to propose amendments to the Takeover Rules. He was also a member of the sub-committee (employment legislation) of the Social Capital Commission of Business Mauritius. Shrivan has published articles on international arbitration in Africa for the International Bar Association  and for the MARC Insight. He is also a founding member of MARC 45, an association of young arbitration practitioners in Mauritius, modelled on HK 45.

Shrivan is recognised as a leading/recommended lawyer by:

  • The Legal 500 EMEA 2024, 2023, 2022, 2021 - Leading Firms; 2024, 2023 - Barristers, Commercial Disputes (Mauritius)
  • World Tax Review – Tax Controversy 2024, 2023 (Mauritius)

qualifications

 

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