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Searching Content from South Africa indexed under Litigation, Mediation & Arbitration ordered by Published Date Descending.
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1
The Patentability Of Living Things – A South African Approach
Patent protection of living organisms, or substances derived from them, has long been a locus of confusion and controversy in law. Recently, however,
South Africa
14 Aug 2019
2
Dividends Tax: Most-Favoured Nation Clause In Double Tax Agreement
On 12 June 2019, the Tax Court of South Africa delivered its judgment in ABC (Pty) Ltd v C:SARS (case no. 14287).
South Africa
5 Aug 2019
3
Careful With Your Commas
"Punctuation has purpose… [it is] an important tool in ascribing meaning, idea, thought, intention and mood to what the author of the written words seeks to impart or convey to the reader."
South Africa
31 Jul 2019
4
The Remedy Against Taking The Law Into Your Own Hands
The merits of the plaintiff's right to possession and the defendant's entitlement to reclaim possession are immaterial. Even a thief's possession will be protected if it was peaceful and undisturbed.
South Africa
25 Jul 2019
5
The Reciprocal Duty Of Good Faith Undercuts Derivative Misconduct
For the first time in employment law jurisprudence, the South African Constitutional Court has considered the nature and scope of the duty of good faith within the context of the contract of employment.
South Africa
25 Jul 2019
6
Tread Carefully: Insubordination And Insolence Can Easily Be Confounded
Unfair dismissal disputes arising from allegations of insubordination have had their fair share of attention from South African arbitrators and the courts.
South Africa
16 Jul 2019
7
Is It Justice Or An Extension Of Prescription Period : Masindi vs Road Accident Fund
In South Africa, generally, prescription is regulated by the Prescription Act 68 of 1969 and in delictual, contractual (or any other liability), the
South Africa
9 Jul 2019
8
Mining And Local Communities: Free, Prior And Informed Consent In South Africa?
With South Africa's recent cabinet reshuffle, the Department of Water Affairs and Sanitation was amalgamated with the Department of Human Settlements.
South Africa
2 Jul 2019
9
Legal Practitioners' Right Of Appearance At The CCMA: The CCMA Responds
Just a few months ago, South African advocates, attorneys and candidate attorneys alike were celebrating the ruling of an arbitrator attached
South Africa
28 Jun 2019
10
Domain Name Disputes – Are They Worth It?
ADR, UDRP and URS. SAIIPL, ICANN, WIPO, MFSD, ADNRC, and NAF. You're probably confused, aren't you?
South Africa
25 Jun 2019
11
Cross-Examination Is Possible In Cancellation Proceedings In Kenya
In Biostadt India Limited v Osho Chemical Industries Limited, Biostadt applied for the expungement of the WOKOZIM trade mark registered in the name of Osho in relation to botanical organic foliar/ fertilizer.
South Africa
24 Jun 2019
12
The Supreme Court Of Mauritius Sets Aside Award On Grounds Of Breach Of Domestic Public Policy
In a judgment delivered on 31 May 2019, a bench of three Designated Judges of the Supreme Court constituted under section 42 of the Mauritian International Arbitration Act,
South Africa
18 Jun 2019
13
Transfer Of Shares In A Private Company: Misstep From The Supreme Court
It is standard practice that for a share transfer in a private limited liability company to be effective.
South Africa
11 Jun 2019
14
Mauritius' Environment Land Use Appeal Tribunal Delivers Ground Breaking Fish Farming Project Judgment
The Association Des Hoteliers et Restaurateurs Ile Maurice ("AHRIM"), an association of hotels and restaurants in Mauritius, and the Sea Users Association, an association of civilians, recently won an important appeal
South Africa
5 Jun 2019
15
New Decision May Deprive Commissioner Discretion To Refuse Legal Representation In CCMA And Bargaining Council Arbitration Proceedings
A recent landmark decision of the of the South African Metal and Engineering Industries Bargaining Council could see Commission for Conciliation, Mediation and Arbitration ("CCMA")
South Africa
4 Jun 2019
16
When Does Conduct Constitute Financial Advice?
In this matter, the claimants approached Ms Moolman in her capacity as a financial advisor for advice on how best to invest their "spare money".
South Africa
21 May 2019
17
The African Single Market Takes A Step Forward As The African Continental Free Trade Area Agreement Becomes A Reality
The AfCFTA is a big step towards the dream of economic unity across Africa, and the fact that it has moved towards entry into force in a relatively short time period shows the dynamic of goodwill
South Africa
29 Apr 2019
18
Settlement Agreements Do Not Trigger Obligations Under The National Credit Act
In the recent decision of Ratlou v MAN Financial Services SA (Pty) Ltd [2019] ZASCA 49, the Supreme Court of Appeal ("SCA") had to adopt a purposive approach to the interpretation of the term
South Africa
29 Apr 2019
19
International Arbitration Comparative Guide
International Arbitration Comparative Guide for the jurisdiction of South Africa, check out our comparative guides section to compare across multiple countries
South Africa
17 Apr 2019
20
Tax Revenews - Issue 21
appeal against the decision of the tax court concerning SARS' entitlement to payment of understatement penalties in accordance with section 222(1) of the Tax Administration Act, 2011 (the "TAA").
South Africa
21 Mar 2019
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