How Parties Should Conduct Themselves During Mediation
For a few years now, it has been compulsory to consider Mediation as a dispute resolution mechanism, even in litigation. If parties refuse without basis, there could be severe consequences. But what if one party feels the other is acting in bad faith? What are the...
International Arbitration – Making an Award in by Default an Order of the Court
In many instances, a dispute is referred to arbitration and determined – even if cross-border. This was precisely what happened in the matter of Industrius D.O.O v IDS Industry Service and Plant Construction South Africa (Pty) Ltd (the “case” or the...
Dealing with Disputes Amongst the Trustees of a Testamentary Trust
A matter involving a dispute amongst the trustees of a testamentary trust was recently heard in the Gauteng Division of the High Court. This was the matter between Rademeyer versus Jesseman and two others under case number: 2020/11552 (reportable). In summary,...
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