INTRODUCTION Arbitration is governed in our statute law[1] by the Arbitration Act (the Act)[2] in respect of domestic arbitrations and the International Arbitration Act (the IAA)[3] in respect of international arbitrations. In a domestic arbitration, section 3 of the Act confirms the enforceability of arbitration agreements and allows for control by the court, in that the court may...Read More

Winding up 1.     The winding up of solvent companies is governed by Part G[1] of Chapter 2 of the Companies Act 71 of 2008. Notwithstanding the repeal of the Companies Act 61 of 1973, Chapter XIV[2] of the Companies Act of 1973 continues to apply with respect to the winding-up and liquidation of companies under the Act of...Read More

1        INTRODUCTION 1.1      The scope of the article This article deals with expert evidence in cases where the specification of a patent falls to be interpreted, and it aims to discuss the role played by an expert witness and the aspects that may be addressed by the expert witness. It does not purport to discuss the requirements...Read More

Introduction 1               The purpose of this article is to comment on the “new look” summary judgment procedure whereby summary judgment is sought after filing of a plea, and no longer after entry of appearance to defend. 2               Summary judgement is a procedure that enables a plaintiff to obtain judgment against a defendant without the necessity of going...Read More

As litigants, we have little control over the facts of our cases, as those are created by our clients before we go to court. It is important therefore to control the things we can control. The Companies Act of 1973 prescribes certain formalities when presenting a winding up application of a company to Court. As...Read More