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Searching Content indexed under Litigation, Mediation & Arbitration by ENSafrica ordered by Published Date Descending.
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1
Dividends Tax: Most-Favoured Nation Clause In Double Tax Agreement
On 12 June 2019, the Tax Court of South Africa delivered its judgment in ABC (Pty) Ltd v C:SARS (case no. 14287).
South Africa
5 Aug 2019
2
The Remedy Against Taking The Law Into Your Own Hands
The merits of the plaintiff's right to possession and the defendant's entitlement to reclaim possession are immaterial. Even a thief's possession will be protected if it was peaceful and undisturbed.
South Africa
25 Jul 2019
3
The Reciprocal Duty Of Good Faith Undercuts Derivative Misconduct
For the first time in employment law jurisprudence, the South African Constitutional Court has considered the nature and scope of the duty of good faith within the context of the contract of employment.
South Africa
25 Jul 2019
4
Tread Carefully: Insubordination And Insolence Can Easily Be Confounded
Unfair dismissal disputes arising from allegations of insubordination have had their fair share of attention from South African arbitrators and the courts.
South Africa
16 Jul 2019
5
Mining And Local Communities: Free, Prior And Informed Consent In South Africa?
With South Africa's recent cabinet reshuffle, the Department of Water Affairs and Sanitation was amalgamated with the Department of Human Settlements.
South Africa
2 Jul 2019
6
Legal Practitioners' Right Of Appearance At The CCMA: The CCMA Responds
Just a few months ago, South African advocates, attorneys and candidate attorneys alike were celebrating the ruling of an arbitrator attached
South Africa
28 Jun 2019
7
Mauritius: Trade Marks Filed "In Defiance Of Commercial Morality"
A recent decision of the Mauritian Industrial Property Tribunal (the "Tribunal") will provide some comfort to international brand owners. The case involved an application
Mauritius
25 Jun 2019
8
The Supreme Court Of Mauritius Sets Aside Award On Grounds Of Breach Of Domestic Public Policy
In a judgment delivered on 31 May 2019, a bench of three Designated Judges of the Supreme Court constituted under section 42 of the Mauritian International Arbitration Act,
South Africa
18 Jun 2019
9
Transfer Of Shares In A Private Company: Misstep From The Supreme Court
It is standard practice that for a share transfer in a private limited liability company to be effective.
South Africa
11 Jun 2019
10
Mauritius' Environment Land Use Appeal Tribunal Delivers Ground Breaking Fish Farming Project Judgment
The Association Des Hoteliers et Restaurateurs Ile Maurice ("AHRIM"), an association of hotels and restaurants in Mauritius, and the Sea Users Association, an association of civilians, recently won an important appeal
South Africa
5 Jun 2019
11
New Decision May Deprive Commissioner Discretion To Refuse Legal Representation In CCMA And Bargaining Council Arbitration Proceedings
A recent landmark decision of the of the South African Metal and Engineering Industries Bargaining Council could see Commission for Conciliation, Mediation and Arbitration ("CCMA")
South Africa
4 Jun 2019
12
Changes In Mauritian Court Jurisdiction And Costs
Parties involved in such cases will need to make arrangements for their representatives to attend District Courts.
Mauritania
16 May 2019
13
Tax Revenews - Issue 21
appeal against the decision of the tax court concerning SARS' entitlement to payment of understatement penalties in accordance with section 222(1) of the Tax Administration Act, 2011 (the "TAA").
South Africa
21 Mar 2019
14
High Court Overturns Practice Of Appointment Of Arbitrators
Every so often, a judgment is passed that upsets settled ways of doing business.
South Africa
15 Mar 2019
15
Undue Delay In Prosecuting Review Applications: A Cautionary Tale
Delaying the prosecution of a review application can carry the risk of a court refusing to hear the application.
South Africa
8 Mar 2019
16
Precautionary Suspension: Do Employees Have The Right To Make Representations?
If an employer suspects an employee of committing an act of misconduct, it is possible that the employer will want to place that employee on what is usually referred to as a "precautionary suspension"
South Africa
6 Mar 2019
17
The Doctrine Of Common Purpose In Strikes
An unfortunate by-product of strike action in South Africa is the common occurrence of unlawful and sometimes violent conduct on the part of certain members ...
South Africa
18 Feb 2019
18
Conversations Recorded Without Your Consent Can Be Used Against You
It is becoming increasingly easy for employees in the workplace to record conversations, meetings and disciplinary enquiries without the consent of the employer to do so.
South Africa
13 Feb 2019
19
Anton Piller: Not A Fishing Expedition
The Anton Piller order is an extraordinary thing. It's essentially an evidence-preserving legal mechanism.
South Africa
13 Feb 2019
20
Fight As A Soldier, Not A Guerrilla
What exactly is unlawful competition? Unlawful competition is often lumped together with IP, and indeed there are obvious links: the common law action of passing off
South Africa
12 Feb 2019
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