Searching Content indexed under Contracts and Commercial Law by ENSafrica ordered by Published Date Descending.
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Africa Regulatory ENSight - Issue 8 of 2019
Legal Framework applicable to Foreign Nationals in the Republic of Angola.
South Africa
15 Aug 2019
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
Arbitration: In Pursuit Of Contractual Freedom Rather Than Its Limitation
The notion of contractual freedom has long been recognised in the entrenchment of the principle that agreements should be honoured.
South Africa
25 May 2017
Long-Awaited B-BBEE Thresholds Published
In terms of the Regulations, all parties to a "major B-BBEE transaction" are required to register the transaction with the B-BBEE Commission.
South Africa
18 Nov 2016
When Different Treatment Is The Most Fair – Inland And Coastal Refineries And The Cost Of Transporting Oil
The recent SCA case of Transnet v Total is important not only for those in the petroleum industry, but also, more generally, when it comes to aspects of competition and discrimination.
South Africa
27 Oct 2016
The Case Of The Unconditional Guarantee That Wasn't
When the wording of a construction-related guarantee is ambiguous, the intention of the parties involved is key in determining its true nature.
South Africa
14 Jul 2016
The VAT Implications Of Interest-Free Credit
It is the long-standing practice of traders and service providers to grant customers extended payment terms for the goods or services they supply as a means to enhance turnover.
South Africa
30 Jun 2016
BEE "Trumping Provision" In Force And Effect
The controversial so-called trumping provision of the Broad-Based Black Economic Empowerment Amendment Act 46 of 2013 has come into force and effect as of 24 October 2015...
South Africa
2 Nov 2015
Building Spats Offer No Defence For Guarantors
Allegations of poor workmanship at President Jacob Zuma's Nkandla homestead have recently made headlines again following an official visit to the estate by MPs and members of the media last month.
South Africa
4 Sep 2015
Latest Trends In It Contracting
When it comes to IT contracting, the big themes are change and modernisation.
South Africa
23 Jul 2015
Construction Industry Development Regulations
The Minister of Public Works has announced that he intends to amend the Construction Industry Development Regulations of 2004, which were passed under the Construction Industry Development Board Act of 2000.
South Africa
9 Jul 2015
UK Decision – Important Lessons For Employers
The recent UK Court of Appeal decision in the case of MT Holgaard A/S v E.ON Climate and Renewables (2015) EWCA Civ 407 illustrates the ultimate catastrophe if there isn't sufficient interface between legal and technical teams.
11 Jun 2015
New Tax Rules Proposed For E-Commerce Transactions
In the 2015 Budget Speech presented to the National Assembly on 25 February 2015 the Minister of Finance announced that amendments will be proposed to change the rules for the digital economy...
South Africa
7 May 2015
Risks In Large Scale IT Projects
ICT Projects present any business with a number of challenges. Apart from the risk of money, value and time, what are the other risks?
South Africa
5 May 2015
Unlawful Competition And Confidential Information
ENSafrica has successfully represented one of its clients in an unusual unlawful competition case, one involving the misappropriation of confidential information.
South Africa
13 Nov 2014
Ubuntu And The Law: Promoting Good Faith And Fairness In Contracts
The Constitutional Court has recently handed down a judgment which is expected to have a significant impact on the principles of the law of contract in South African law.
South Africa
30 Jul 2014
Engineering Contracts – Tubular Holdings And FIDIC
The dispute resolution terms of engineering contracts can cause problems.
South Africa
27 Nov 2013
New Act's Impact On Property Rights
Property developers wishing to obtain property rights are advised to proceed under the existing provincial ordinances to change land rights.
South Africa
7 Jun 2012
A Guide To Using A Dispute Adjudication Board
Prior to 1987, the FIDIC suite of contracts did not contain any reference to a dispute adjudication board (DAB).
South Africa
27 Feb 2012
Enforceability Of Clauses Common To International Contracts
Most contracts involving parties located in different countries include provisions relating to the choice of a particular forum for dispute resolution and identify the law to be applied.
South Africa
30 Sep 2011
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