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When does a dispute fall within an arbitration agreement?

South Africa - July 24 2019 The approach adopted by our courts in deciding whether a dispute comes within the provision(s) of a domestic arbitration clause, was settled by the…

The power of a court when a settlement agreement is not preceded by litigation

South Africa - June 19 2019 An issue that often arises is whether a settlement agreement may be made an order of court when the parties reach agreement without commencing…

Camille Kafula, Johanna Lubuma.

Executing against immovable property when movable property can satisfy the judgment debt

South Africa - May 29 2019 The legal principles relating to execution against movable property are more or less settled, less so the law relating to execution against immovable…

Johanna Lubuma.

Would an arbitration clause embedded in a fraud-tainted agreement also be invalid in South Africa?

Global, South Africa - April 29 2019 Arbitration agreements/clauses in South Africa for domestic or international commercial arbitrations are generally valid and enforceable. However…

Jackwell Feris.

A tender to pay does not constitute performance but...

South Africa - October 3 2018 The High Court recently considered this issue in Origo International (Pty) Ltd v Smeg South Africa (Pty) Ltd (33541/2017) ZAGPJHC 412 (25 June 2018)…

Thapelo Malakoane.