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...
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...
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...
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...
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...