Decisions in dispute resolution forums likely to benefit medical scheme membersThursday, March 22, 2012 11:03:32The medical scheme industry’s practice of meeting benefits owed to members through direct payment to medical service providers has been questioned, with schemes refusing to pay service providers for accounts lodged for services rendered. Generally, the basis for such refusal is suspicion of fraudulent activity. Yet may a medical scheme refuse to pay a service provider that has lodged an account for services rendered to one of its members? The decisions in dispute resolution forums will impact on all stakeholders, including members and the medical schemes themselves.
The International Investigations ReviewTuesday, October 18, 2011 10:09:13There are a number of agencies or institutions in South Africa whose mandate includes the investigation of unlawful corporate conduct. The South African police have specialised units, most notably the Directorate of Priority Crime Investigation (known colloquially as ‘the Hawks’), and the commercial crimes unit, which focuses on the investigation of more complicated white-collar crime offences. The police work closely with the National Prosecuting Authority, which is the body empowered to institute and prosecute criminal proceedings on behalf of the state.
Dispute Resolution Handbook 2011/12Monday, June 13, 2011 14:25:42Dispute Resolution Handbook 2011/12, Country Q&A
A highly effective tool for recovering creditors’ claims and legal costsFriday, March 04, 2011 11:45:40Creditors using amendments to the Insolvency Act to maximise the dividend payable to them in an insolvency need to be aware that the relevant amendments are superficial rather than substantive. The 1993 amendments to the Act’s sections 32 (1) and 104 (3) are of relevance in this context..
South Africa PLC Dispute Resolution Handbook/Arbitration Handbook 2010/2011Monday, June 21, 2010 10:42:31The South Africa PLC Dispute Resolution Handbook/Arbitration Handbook for 2010/2011
When a gift is not a gift but a bribeFriday, April 09, 2010 10:59:16With the 2010 Soccer World Cup almost upon us, entertainment and hospitality will be on the agenda of most South African corporations. With South African Anti-Corruption laws being among the world’s most stringent, firms giving and receiving gifts and hospitality need to exercise a degree of caution.
Cession of rental income – the danger of giving up too much too soonFriday, August 14, 2009 17:57:40Widespread consternation in the residential rental property market has been sparked by a September 2008 judgment of the Supreme Court of Appeal, Picardi Hotels Ltd v Thekweni Properties.
Beware the standard dispute clause! by John Brand - De Rebus January/February 2009Thursday, May 21, 2009 00:00:00Drafters of contracts who blindly put a standard dispute resolution clause into an agreement run serious risks for the parties to the contract. For example, a standard clause may refer transnational disputes to arbitration in South Africa in accordance with South African law when the parties’ interests might be better served by referring them to a court in England in accordance with English law or vice versa.
Cession of rental income – the danger of giving up too much too soon by Kevin IslesFriday, May 15, 2009 00:00:00Widespread consternation in the residential rental property market has been sparked by a September 2008 judgment of the Supreme Court of Appeal, Picardi Hotels Ltd v Thekweni Properties.
The perils of performance prior to signing a written agreementFriday, April 17, 2009 00:00:00An unsigned agreement is still an agreement.