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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.

Divorce proceedings – What you need to know

With an increase in couples getting divorced over the national lockdown period, knowing your rights and the processes involved is of the utmost importance. However, to ensure that couples are not getting divorced as a means of avoiding their creditors, South African…

Provided By SchoemanLaw Inc

by Gabriella Keeble

The repudiation of contracts

A contract is a document signed by two or more parties and gives rise to rights and duties. The terms and conditions stipulated within a contract determine the parties’ obligations towards each other. Unfortunately, in some cases, parties will neglect their obligations,…

Provided By SchoemanLaw Inc

Are tests for provisional and final liquidation orders really different?

Legal practitioners are aware that a liquidation application should not be resorted to when the debt is disputed as this will amount to an abuse...

by Kevin van Huyssteen

business rescue scaled

Postnuptial agreements – Mediation as a means to alter your antenuptial agreement

Getting married is an exciting journey for any couple seeking to spend the rest of their lives together. However, not every marriage has a happy...

by SchoemanLaw Inc

Child maintenance – The facts!

Here’s how to claim Every child is entitled to receive maintenance for his/her basic needs such as food, clothing, housing, education and health care. There are many...

by Natasha Ngwerume

Is your company conducting disciplinary hearings in line with legislation?

In workplace discipline, employers bear the onus of ensuring that they act procedurally and substantively fair towards their employees. The correct procedure should be followed...

by Salome Hamman

Dealing with disputes between the trustees of a testamentary trust

A matter involving a dispute between the trustees of a testamentary trust was recently heard in the Gauteng Division of the High Court. This was...

by Nicolene Schoeman-Louw

It is copyright infringement and the Met Gala

The copyright laws of many countries, including the United States of America and South Africa provide that in order for a work to be afforded...

by Shaawn Legodi

Can money in your account be taken by your bank or used by you when the bank knows it belongs to someone else?

In the decision of the Supreme Court of Appeal in FirstRand Bank Limited v The Spar Group Limited (1334/2019) handed down earlier this year, the...

by Jonathan Shafir

pexels pixabay 164501 scaled

Angola ratifies the ICSID Convention – Good news for inbound foreign investment

On 1 September 2021, Angola’s National Assembly ratified the International Convention on the Settlement of Investment Disputes between States and Nationals of Other States (“ICSID...

by Eversheds Sutherland

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