Legal Matters

LEGAL MATTERS: Differences between arbitration and litigation

Arbitration is the out-of-court resolution of a dispute between two business parties by an unbiased third party, the arbitrator. Arbitration may appear to the uninitiated as the less appealing relative of litigation. Nonetheless, because of its speedier resolution, cheaper overall cost, and binding ruling, arbitration should be the preferable choice for corporate clients. Arbitration clauses…

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LEGAL MATTERS: Unpacking mutual termination of contract

The recently introduced Labour Amendment Act has brought about measures that may make it more difficult to summarily terminate contracts of employment. I anticipate that this will increase employers’ willingness to mutually terminate contracts instead of going through the drudgery of disciplinary proceedings, if it can be avoided. In this week’s article, I will explore…

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LEGAL MATTERS: Bulletproof multi-party arbitration clauses (Part 1)

Oftentimes, when parties enter into commercial agreements, they are fixated on what they stand to gain from the contract and never what happens in the event of a dispute. For this reason, lawyers always emphasise the need for solid dispute resolution clauses in any agreement. This is particularly so when multiple parties are involved in…

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LEGAL MATTERS: Signs of the times: Licensing for use of generators

Did you know that Egypt, Algeria, Morocco, and Tunisia are the only African countries with a 100 percent constant power supply? I highlight this to show that constant supply of power is and always has been one of the Zimbabwean economy’s, and indeed the entire African continent’s, Achilles heel. As far as alternative sources of…

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LEGAL MATTERS: Carrying out estate planning the right way (II)

IN last week’s article, I discussed the importance of estate planning and the importance of engaging a legal practitioner to navigate all the issues connected with optimizing the administration of one’s assets. This week, I will expand the conversation by looking at questions that are frequently asked by clients as well as the duties of…

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