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Dispute Resolution

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Legislation

Dispute Resolution News & Insights

This section examines dispute resolution rules, legislation and procedures, as well as matters which have been resolved through negotiation, mediation, arbitration, collaborative law and litigation.

Prescription of a judgment debt – How it can impact both your family and business

A recent judgment in Arcus v Arcus (1 of 2021) [2022] ZASCA 9 has become the talk of the town precisely because it involved a payment not enforced for over 25 years. Moreover, for arrear maintenance for children who have long been self-supporting. The Supreme Court …

Provided By SchoemanLaw Inc

by Nicolene Schoeman-Louw

Pop stars to face the music over alleged copyright infringement?

Copyright infringement hearings have certainly taken on a new meaning, after well-known musician, Ed Sheeran, recently performed bars of his hit, Shape of You, before the High Court in London in an effort to prove that portions of the chart-topper were not copied…

Provided By Adams & Adams

Delictual damages and a lessee’s business demise

In Brentmark (Pty) Ltd and Another v Puma Energy South Africa (Pty) Ltd [2021] 4 All SA 106 (WCC), delictual damages for pure economic loss caused to...

by Merilyn Kader

Parenting plans: An overview

The Children’s Act 38 of 2005, as amended (hereafter the “Children’s Act”), offers parenting plans as a mechanism to assist parents with how to exercise...

by Robyn Shepherd

Matter over mind – The advisability of concluding agreements in writing re-emphasised

In a recent ruling relating to the well-known “Please Call Me” (PCM) case, the Gauteng Provincial Division of the High Court, in Pretoria, has ordered...

by Marile Fouche

Adjudicating a dispute on the validity of an arbitration clause

The question of which dispute resolution institution and processes are applicable to disputes in respect of the validity of an arbitration clause recently arose in...

by Fluxmans Attorneys

arbitration clause

Court asked to change divorce law to allow spouses married out of community of property right to claim assets

The Gauteng High Court, Pretoria, has reserved judgment in an application that could pave the way for divorcing spouses, married out of community of property...

by Adams & Adams

The CCMA – How does it work?

We explain the roles and responsibilities of the CCMA The Commission for Conciliation, Mediation and Arbitration is an independent dispute resolution body. We look at the...

by Michael Visser

Representation at the CCMA

The Commission for Conciliation, Mediation and Arbitration (hereinafter referred to as ‘the CCMA’) has the jurisdiction to facilitate dispute resolution in matters between employers and...

The tea on NFTs, IP and Web 3 – The risk of unauthorised use of your IP

In a contentious shift towards a decentralised “Web3”, NFTs have been all the craze of late. NFT is an acronym for “non-fungible token”. Simply put,...

by Darshan Moodley

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