Bilshan specialises in commercial and corporate disputes, with particular focus on international commercial arbitration, insolvency and asset recovery matters. He is a ranked lawyer for dispute resolution and arbitration in Chambers & Partners, Who’s Who Legal and Legal 500. In 2022, he was shortlisted for the African Arbitration Awards in the category of the Young Arbitration Practitioner of the Year.

Bilshan also holds a number of appointments in international arbitration-related institutions, including as a Fellow of the Chartered Institute of Arbitrators, Young ICCA regional representative for Africa, and member of the Database Committee of the Mauritius International Arbitration Centre. He previously also served as a member of the Steering Committee of the Young Mumbai Centre for International Arbitration.

Lexology Index 2025 (formerly Who’s Who Legal) for Arbitration: “Bilshan is a great lawyer”, “He is engaged, tactical and detail-oriented”, “He is a quality counsel with in-depth knowledge of procedure”.

Chambers & Partners Global Rankings 2025: “Bilshan Nursimulu is very intelligent, smart and knows how to lead a case”, “Bilshan Nursimulu is knowledgeable and he has really good commercial judgment.”

Who’s Who Legal: Arbitration 2024: “Bilshan is very competent in all legal aspects of arbitration”, “He is our go-to contact for arbitrations in the Africa region”, “Bilshan is extremely smart and talented, with advocacy skills to match”.

Chambers & Partners Global Rankings 2024: “Bilshan has always been very available to help and his advice and guidance are always clear and precise”, “We really appreciate working with Bilshan and feel like we are working with a business partner who takes the time to understand our needs, and meets our expectations on speed and quality.”

Legal 500: “He is a talented and energetic young barrister”, “Bilshan is a junior I work with regularly. He is thorough, knowledgeable and thinks clearly. I am sure he will bring these qualities to his advocacy.” 

ADMISSIONS

Barrister, England & Wales (non-practising)

Barrister, Mauritius

EDUCATION

University of Cambridge, Girton College – BA (Hons.) Law; MA

Université Paris II (Assas-Panthéon) – Maîtrise in English Law and French Law

Columbia Law School, New York – Certificate in International Commercial Arbitration

International commercial arbitration

• Counsel for Cairn Energy in an application to enforce an international arbitral award of c.USD 1.2 billion against the Republic of India before the Supreme Court of Mauritius.
• Counsel for the operator of offshore oil platforms in an application to enforce an LCIA award for third party litigation costs of c.USD 6 million. The litigation funding agreement was governed by English law. The application was successful before the Supreme Court of Mauritius. The judgment is under appeal to the Judicial Committee of the Privy Council; the appeal raises questions relating to the enforceability of the litigation funding agreement in the aftermath of the UK Supreme Court’s judgment in PACCAR.
• Counsel for a US-based litigation funder to advise on taking security interest in an arbitration claim and its proceeds.
• Junior Counsel for a private equity fund (claimant) in an LCIA-MIAC arbitration seated in Mauritius. The claimant successfully claimed USD 4 million of damages against another fund for unlawful termination / repudiatory breach of a share purchase agreement through which the claimant would have exited an investment in India.
• Advised King & Spalding, London on Mauritius law issues that arise in a series of arbitral proceedings commenced by US-based investors against an offshore fund which is incorporated in Mauritius to develop high-end real estate projects in India. Certain investors (the claimants) allege inter alia mismanagement of the fund by the directors and fraud committed by the fund’s management company.
• Junior Counsel for Betamax Ltd (led by Stuart Isaacs QC), a Mauritian company, in a dispute against the State Trading Corporation (“STC”), which is the trading arm of the Government of Mauritius. Betamax Ltd owns an oil tanker. The dispute arose from STC’s termination of a long-term contract of affreightment with Betamax Ltd. Successfully appeared for Betamax Ltd (claimant) in a SIAC arbitration seated in Mauritius and in which the sole arbitrator (Dr Michael Pryles) awarded damages of c.USD 115 million against STC. Appeared for Betamax Ltd in enforcement proceedings before the Supreme Court of Mauritius. Instructed and assisted Indian Counsel in enforcement proceedings before the High Court of Karnataka in India, where Betamax Ltd seeks to enforce the arbitral award against petroleum products purchased by STC in Mangalore. Retained by Betamax Ltd to assist panel of English lawyers (led by Mark Howard KC and Salim Moollan KC) in an appeal to the Privy Council against the judgment of the Supreme Court of Mauritius to set aside an arbitral award of c.USD 115 million for public policy considerations. Appeal allowed.

Commercial and corporate litigation

• Counsel for the director of a Mauritius investment holding company before the Supreme Court of Mauritius and the Judicial Committee of the Privy Council to proceed with a derivative action in the name and on behalf of a company in liquidation. The derivative action is for dilution of shares in breach of pre-emptive provisions for an amount of c.USD 320 million.
• Counsel for a real estate promoter in a dispute against a local bank regarding the enforcement of a performance bond. The dispute raises important questions regarding the operation of a performance bond as a security instrument under Mauritius law, in particular whether the beneficiary has a direct and immediate action against the issuer of the bond without having to first seek remedies against the principal party under the construction agreement.
• Counsel for the Mauritius Duty Free Paradise in a series of proceedings against AfrAsia Bank in relation to an alleged security of MUR 40 million and attachment proceedings initiated by the bank.
• Counsel for a private equity investment vehicle (set up to acquire refined petroleum storage tank farms across West Africa) to resist an application for an injunction before the Judge in Chambers that purported to prevent the conversion of convertible loans into ordinary shares.
• Junior Counsel for the Sugar Insurance Fund Board (respondent) in an appeal before the Judicial Committee of the Privy Council against the decision of the Supreme Court of Mauritius upholding an order of injunction issued by the Judge in Chambers to prevent the respondent’s assets from being seized. Judgment: Bissonauth v Sugar Insurance Fund Board [2018] UKPC 33.
• Junior Counsel for United Docks Limited (“UDL”), a company listed on the Mauritius Stock Exchange, in an appeal before the Judicial Committee of the Privy Council that concerned the interpretation of a shareholders’ agreement giving an option to certain shareholders to buy the shares of another shareholder following the “loss of the controlling interest” in that shareholder. The dispute concerned whether “loss of the controlling interest” could be interpreted to mean “change” in the controlling interest, particularly in the circumstances where no person had a controlling interest in the shareholder in question at the time of execution of the shareholders’ agreement. Judgment: Rivnu Investment Ltd & Anor v United Docks Limited & Anor [2017] UKPC 24.

Insolvency litigation

• Counsel for a Cayman fund in an application to enforce the redemption of shares in a Mauritius PCC through a receivership order.
• Counsel for a Mauritius SPV in a dispute concerning the basis of distribution of  the proceeds of a liquidation between two creditors.
• Advised a Mauritius company on resisting potential action that shareholders or creditors might take to prevent the implementation of a debt restructuring plan sanctioned by a foreign court.
• Counsel for a Jersey-incorporated Trust in insolvency proceedings before the Supreme Court of Mauritius against a Mauritius SPV that funds digital banking services and products in Africa. The dispute arises from the SPV’s default under a promissory note governed by the laws of the State of New York for of USD 10 million plus interests.

Employment law

• Counsel for the former management of a Kenyan FMCG group for constructive dismissal by the Mauritius-incorporated holding company for c.USD 250 million.
• Counsel for the former CEO of a Ghanaian group against its Mauritius holding company for constructive dismissal.
• Counsel for a petroleum corporation in proceedings before the Redundancy Board in the context of a global restructuring of its operations and a claim for severance allowance in the amount of c. MUR 23 million for alleged unjustified termination.
• Counsel for the Head of Investment Strategy of a listed company in Mauritius in a claim before the Industrial Court for severance allowance for constructive dismissal.
• Counsel for the Chief Investment Officer of a listed company in Mauritius in a claim before the Industrial Court for severance allowance for unjustified termination, including victimisation for whistleblowing.
• Junior Counsel before the Judicial Committee of the Privy Council in an appeal concerning the proper construction of the legislative provisions relating to the payment of severance allowance for unjustified dismissal (United Docks Limited v Marc Doger de Speville [2019] UKPC 28).

The Public Policy Exception in African Jurisdictions – UCT Arbitration and Dispute Resolution Collected Papers Series, Conference Insights (ADRU Collected Papers 2024/01)

Mauritius: roadmap to enforcing claims against offshore companies – CDR Magazine, 01 June 2021

Does an arbitration agreement protect a debtor from the threat of liquidation? – Hogan Lovells ARBlog (Co-author), 27 July 2020

The Mauritius courts’ approach to force majeure defences, Business Magazine (15 April 2020)

The Choice of a Mauritian Arbitral Institution, Kluwer Arbitration Blog (Co-author)

Should the Courts Intervene to Prevent an Invalid Arbitration?, MARC Insights 2019 (Co-author)

The Mauritius International Arbitration Act – A Decade On, Legal Business Disputes Yearbook 2019 (Co-author)

Getting the Deal Through – Litigation Funding, Co-author of chapter on Mauritius (2018 & 2019)

International Arbitration Law and Practice, Chambers & Partners, Co-author of chapter on Mauritius (2018 & 2019)

‘The Frustration of Bankers’ Employment Contracts by Effect of the EU Bonus Cap’ (2013) 24 King’s Law Journal 413-423