Ek het met groot belangstelling gelet op die nuusverslag getiteld 'CLASA advances spurned'* in 1998 (Jan) DR8. Ek is baie dankbaar dat die voorstelle van die Corporate Lawyers Association of South Africa (Clasa) effektief van die baan is aangesien dit groot gevare vir die openbare belang in die algemeen en die prokureursprofessie in die besonder inhou.
Bundled into the Microsoft Office 97 suite of products is a contact management tool called Microsoft Outlook which is a desktop personal information manager (PIM). In short, a PIM allows users to compile a database of names and addresses and integrate this database with a diary, generally better to organise his life. Lotus has a similar product called Organizer. This software enables you to dial clients directly from your desktop PC (via your modem), to make notes of the conversation, log the duration of the call, and fax an immediate letter, memo or newsletter.
Following on the issue of two draft White Papers on the Road Accident Fund (RAF) and a conference held in Centurion during 1996, the comments received and views expressed have been processed by the government. The resultant distillate has now been published as a White Paper on the Road Accident Fund (see GN 170 GG 18658/4-2-1998).* The White Paper was approved by the Cabinet on 21 January 1998. We are told that the White Paper sets out to achieve a balance between the divergent views expressed on many occasions by all interested parties.
One of the most important aspects in contracts involving parties from different countries is the dispute resolution clause. However, it often appears that the clause is only cursorily considered in negotiations; it is included towards the end of the contract and it is dealt with as though it were simply part of the standard ' boilerplate' terms. The purpose of this article is to demonstrate why an arbitration in London. England would be beneficial for South African parties to such international contracts and to illustrate what points should be considered by South African legal advisers in drafting an arbitration clause.
I will give a brief overview on mediation later and I will link it to 'negotiation' as embraced in the mediation concept. The descriptionption I have essayed must not be regarded as having been cast in stone for there are processes where, contractually. the parties may well submit to some form of adjudication by the introduced third party by which they will be bound. Such processes, in my view, still fall within the ADR net.