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Results: 1-10 of 615

Does an arbitration award create a new debt?
  • Cliffe Dekker Hofmeyr
  • South Africa
  • May 23 2018

The somewhat conceivable tension between the Arbitration Act, 1965 and the Prescription Act, 1969 has received a lot of attention from the courts


Does an arbitration award create a new debt?
  • Cliffe Dekker Hofmeyr
  • South Africa
  • May 23 2018

In this case, disputes arose between the parties, which, by agreement, were referred to arbitration. The arbitrator published the arbitration award on


Does someone paying your debt on your behalf entitle you to the protection afforded under s129(3) of the NCA?
  • Cliffe Dekker Hofmeyr
  • South Africa
  • May 16 2018

The recent Supreme Court of Appeal (SCA) decision in Mostert v Firstrand Bank ta RMB Private Bank (1982017) 2018 ZASCA 54 considered whether


When is a descriptive mark not a descriptive mark?
  • KISCH IP
  • South Africa
  • May 7 2018

In Dinnermates (Tvl) CC v Piquante Brands International, the Supreme Court of Appeal had to consider when a descriptive mark is not a descriptive


To appeal or not to appeal: The consequences of launching a moot appeal
  • Cliffe Dekker Hofmeyr
  • South Africa
  • May 2 2018

In a recent judgment, John Walker Pools v Consolidated Aone Trade & Invest 6 (Pty) Ltd (in liquidation) & another (2452017) 2018 ZASCA 012 (8 March


Drake, a redefining judgment on breach of mandate and contractual damages
  • Hogan Lovells
  • South Africa
  • April 19 2018

In a precedent setting judgment, the Supreme Court of Appeal in Drake Flemmer & Orsmond Inc & Another v Gajjar NO 2017 ZASCA 169 (1 December 2017


Raising jurisdictional issues
  • Cliffe Dekker Hofmeyr
  • South Africa
  • April 13 2018

Where a taxpayer is dissatisfied with the decision taken by the South African Revenue Services (SARS) regarding an objection made by the taxpayer to


Do not be the author of your own misfortune - be commercially sensible and reasonable
  • Cliffe Dekker Hofmeyr
  • South Africa
  • April 11 2018

There is no denying the fact that the law of contract is one of the most sophisticated branches of South African law and that principles involved in


Remuneration of business rescue practitioners - the requirement to prove claims against the insolvent estate
  • Cliffe Dekker Hofmeyr
  • South Africa
  • April 11 2018

A recent development in the ever-evolving jurisprudence associated with business rescue proceedings relates to the remuneration of the business rescue


Employees behind bars and the constraints on employers
  • Cliffe Dekker Hofmeyr
  • South Africa
  • April 9 2018

In recent times, employers frequently encounter situations where an employee cannot report for duty due to circumstances beyond their control. One