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South Africa
Adams & Adams
As of 9 March 2020, parties are required to consider mediation for every new matter instituted in a High Court of South Africa.
Schoemanlaw Inc.
Arbitration is steadily on the rise in the developing world. More interesting is that this growth seems to be centered around Africa, or, at least, African parties. The reasons are no doubt...
Adams & Adams
It is not uncommon for the contracting parties to a written agreement to verbally agree on additional terms or terms which are intended to vary the content of the written agreement.
Schoemanlaw Inc.
In order to unpack the technical principle of res judicata and when or if it can be relaxed, a definition is needed:
Clyde & Co
The Supreme Court of Appeal handed down judgment in Komape & Others v Minister of Basic Education & Others on 18 December 2019
Vasco de Oliveira Inc.
A decision was already taken exactly a year ago to amend the relevant constitutional provision, Section 25 of the Constitution of the Republic of South Africa, Act 108 of 1996.
Vasco de Oliveira Inc.
Jurisdiction in South Africa refers to the power or competence of a particular Court to adjudicate upon disputes between parties. The High Court has concurrent jurisdiction with the Magistrates'...
Cliffe Dekker Hofmeyr
Employment Director Jose Jorge joined Lunch with Pippa Hudson on Cape Talk radio to discuss the process involved in lodging a dispute with the CCMA.
Cliffe Dekker Hofmeyr
In the matter of Centre for Child Law & Others v Media24 Limited & Others CCT 261/18, the Constitutional Court considered an application by the Centre for Child Law
Schoemanlaw Inc.
Prescription of a debt can be described as "old debt" in which creditors may not institute legal proceedings to collect monies owed to them,
Schoemanlaw Inc.
Restraints of trade have become an almost automatic inclusion in many agreements. The driver behind this is the protection of commercially sensitive and confidential information.
Cliffe Dekker Hofmeyr
Throw into the mixing bowl: The burgeoning sophistication of radical terror groups; Moore's law (the number of transistors in a dense integrated circuit doubles about every two years);
Cliffe Dekker Hofmeyr
"That's the difference between me and you. You wanna lose small, I wanna win big." So said Harvey Specter in Suits. In the real world, many disputes are not worth fighting...
Bowmans
Arbitration (the resolution of disputes outside the courts) has the advantage of being private and quicker than it would be to resolve matters in court
Cliffe Dekker Hofmeyr
On 2 September 2019, the Johannesburg High Court handed down a judgment (Case Number 2104/18) in which it had to determine whether to enforce a decision of an adjudicator in circumstances where ...
Schoemanlaw Inc.
I will refer to the Compensation for Occupational Injuries and Diseases Act Number 130 of 1993 as "COIDA".
Cliffe Dekker Hofmeyr
With suppressed economic activity in South Africa, suppliers, distributors and service providers are all feeling the economic pinch and seeking various means to obtain some financial reprieve
Herbert Smith Freehills
International Arbitration Comparative Guide for the jurisdiction of South Africa, check out our comparative guides section to compare across multiple countries
SWVG Inc.
An estimate of 720 unopposed Applications are enrolled on a weekly basis.
Cliffe Dekker Hofmeyr
This is an attempt by parties to cater to instances where the breach of a contract. i.e. non-performance, is caused by circumstances beyond the control of the parties.
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