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Lexis Nexis
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A reflection on conflicts of interest and misappropriation of corporate opportunity under modern Company Law in South Africa. -
South African courts are willing to enforce any valid foreign arbitral award involving international or cross-border commercial disputes, as regulated by the International Arbitration Act 15 of 2017, on the same basis as a High Court judgment. -
The removal of directors should be carefully considered (especially) when a Director contracts with the Company for a specified period. A premature termination (unless he/she has committed a serious breach of the agreement) may entitle the aggrieved Director to damages. It is therefore critical that Companies construct their own internal procedures to deal with issues of this nature. -
A recent judgment in First National Nominees Pty Ltd and Others v Capital Appreciation Limited has, to a certain extent, provided much-needed clarity as to whether a company's acquisition of more than 5% of its issued shares is in fact a scheme, or merely subject to the procedural requirements thereof. Either way, are appraisal rights triggered when the company proposes such a buyback? -
Covid-19: Mediation between landlords and tenants – a critical tool now? Using mediation to resolve disputes could prove to be more efficient in the long term, and our economy might depend on it. -
The role of leadership in both the public and private sector has become pivotal amid the crisis of the Covid-19 pandemic and the South African government’s reaction thereto under the Disaster Management Act 57 of 2002 as amended. -
A force majeure is generally defined as “an act of God or man that is unforeseen and unforeseeable and out of the reasonable control of one or both of the parties to a contract, and which makes it objectively impossible for one or both of the parties to perform their obligations under the contract.”