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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.

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 a plaintiff by defendant’s alleged causal negligence. No established legal precedent for the claim asserted, but…

Provided By LexisNexis

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 their parental responsibilities and rights after separation or divorce. A parenting plan must comply with the…

Provided By SchoemanLaw Inc

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

Blessing ceremony

In Botha v Steyn [2021] 4 All SA 87 (KZD), legal requirements of wedding ceremonies, if no marriage was contracted between the plaintiff and the defendant, there...

by Merilyn Kader

Oops! A failure to pay maintenance can haunt you for up to 30 years

Did you know that the failure to pay maintenance in terms of a court order can haunt you for up to 30 years? Simon Roy...

by Helen Westman

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