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Annual Business Law 2010 conference

From 17 June 2010 to 18 June 2010

Country: Mauritius

Venue: Intercontinental Hotel, Balacava

 The annual Business Law 2010 dedicated to the tourism, hospitality, IRS & RES development is a one-of-a-kind opportunity designed for participants to share legal insight and best practices, and to gain a better understanding of the latest industry developments. It is the only program in the country devoted exclusively to strategic, legal and business issues impacting this vast industry. The conference is highly selective, with the participation of leading captains of industry, operators from the financial and legal professions, institutional investors as well as other major decision makers. It is therefore a unique platform for networking and developing business opportunities for the future. Master of Ceremony: Gerard Manuel

Global Trends and Investment Opportunities

Mauritius is poised for significant changes in the next 10 years as wide-ranging infrastructure projects come to the fore and developments flourish in the real estate and hospitality sectors. Over the last couple of years, Mauritius has reengineered its Hospitality & Property Development sector. The country has opened up acquisition of freehold property to foreigners and this has resulted in a burst of new transactions in the real estate market accompanied by an influx of foreign capital. Mauritius presents itself as a window of opportunity for foreigners wishing to establish viable investment projects on the island.


• Mauritius – A Strategic Investment Hub
 
Since the setting up of the offshore sector in 1992 and the ratification of 34 Double Taxation Agreements and 35 Investment Promotion and Protection Agreements, there has been an upsurge of investments going through Mauritius. Indeed, clients from all over the world are using Mauritius as a springboard to further their investment activities by setting up an entity in Mauritius or by expanding internationally. Mauritius is now a strategic international financial centre, which is also at the doorstep of Africa. With its membership of SADC, COMESA and the African Union, the jurisdiction offers unique investment opportunities to investors who may set up their regional headquarters on the island.

Health Tourism
 
Mauritius is already providing medical health facilities to foreigners, especially with the emergence of multi-speciality hospitals and speciality centers. This concept of medical tourism, which provides for a diversified tourist product combining healthcare, wellness and leisure, is increasingly in demand and is expected to grow. With the policy to allow retired non-citizens to become residents in Mauritius, there is an increasing demand for services such as luxurious wellness centres, spa ayurvedic centers and healthcare centers for medical treatment and rehabilitation.

• E-Tourism

Mauritius is increasingly using the Internet to market its tourism and transportation services and considerable resources are being invested by tourism providers to design user-friendly tools based on innovative technologies. These new trends imply many legal and e-commerce issues which need to be addressed by policy makers to maximize the contribution of e-tourism to sustainable economic growth.

• Laws related to Tourism - The legal framework and civil responsibility of tourist stakeholders
 
Several stakeholders of the tourism industry, hotels, restaurants, tour operators, tourist guides, transportation and travel agencies, operate without knowing the full extent of the risks they incur. Such risks may be minimized by the proper use of legal contracts. Bearing in mind that Mauritius has tourism resources that place it in a favorable and competitive position in the regional and international tourism market and recognizing the need to address legal issues pertaining to the tourism industry, this session will expose the legal framework and responsibilities of all stakeholders and propose solutions.

• The Master Plan and Landscape of Mauritius in 2015
 
The multiplication of property development projects is fundamentally changing the landscape of the country, thus requiring efficient urban planning. Public authorities need to address demand through foreseeable future while providing the necessary flexibility to respond to changing industry conditions. A framework must be put in place by the various stakeholders for planning the vision and landscape of Mauritius while defining the need for development projects.

• Environment and Tourism Development

The quality of the environment, both natural and man-made, is essential to tourism. However, tourism's relationship with the environment is complex. The negative impacts of tourism development can gradually destroy the environmental resources on which it depends. On the other hand, tourism is a way to raise awareness of environmental values and it can serve as a tool to finance protection of natural areas and increase their economic importance. With the growth of the tourism industry on the island, coastal development projects have the potential to cause significant environmental impacts. Considering that tourism needs to be developed in a sound and sustainable way, this section will deal with the regulatory framework put in place to ensure that all environmental issues are duly taken into consideration for development projects through the Environment Protection Act (EPA) 2002.

• Foreigners in Mauritius - Residence & Occupation Permits

Mauritius welcomes non-citizens to come and invest or work in an open economy. Foreign nationals may apply for a combined residence and work permit, known as the occupation permit, for living and working in Mauritius. A number of criteria must be taken into account for eligibility and this section will provide the detailed guidelines and legal implications to follow for submitting an application.
 
• Laws relating to real property: IRS & RES

The residential property market is booming presently and acquisition of property in Mauritius by foreigners is now far more accessible. Real Estate relations are governed by a system of regulatory acts pertaining to the various sections of law from civil, land to planning. This section will deal with the complexity of statutes relating to property, the type of sale contract and framework in place for the protection of buyer

• Arbitration, Mediation & Conciliation – Settlement of commercial disputes

These time proven processes are the alternatives to seeking settlement of disputes through the courts. As highlighted in the brief on the Mauritian International Arbitration Act dated 8 December 2008, Mauritius has a perfect geographical situation to become a centre of reference for disputes involving Africa, South East Asia, India, China and Europe. Furthermore, the extensive network of Double Taxation Agreements which Mauritius has with a large number of Investor Countries as well as Developing Countries makes Mauritius a perfect conduit for international investments, and a place for the resolution of investment disputes.

• A project finance case study: An IRS and Invest-Hotel development – Team

 Investors from all over the world are injecting money into new luxurious villa and housing projects needing 25 percent cash to get involved. Under the IRS, the investment period is short. As for the Invest-Hotel scheme, it now allows property developers to sell hotel rooms, villas, suites or any other part of a hotel to individual buyers. It paves the way to facilitate the overall financing of new hotel projects. This case study will focus on the financial plan in such development projects.

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