Tag: model law

Arbitration governing clauses: Licence agreements replaced

by GilesFiles | May 17, 2022 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Disallowed, Evidence & onus, Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Logistics, Orders, Parties, Private enterprises, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

Tee Que Trading Services (Pty) Ltd v Oracle Corporation SA (Pty) Ltd Is there a discretion to refuse to stay action proceedings when there are clauses governing and providing for arbitration to resolve all disputes? “[36]...

Integrate alternative dispute resolution

by GilesFiles | Jul 25, 2010 | Collective Bargaining (LRL 5), ERelations (LRL 1), Reforms required, Work Science Institute | 0 |

“… instead of seeing alternative dispute resolution as the enemy, it could be integrated into the civil justice system to take some of the burden off the courts — as was done in the UK. … the issue of precedent can be...