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Templars

Error of Law on the Face of the Award – the Arbitration and Mediation Act 2023 Comes to the Rescue

This publication by Templars Partner, Adewale Atake, SAN, and Senior Associate, Orji A. Uka, highlights the transformative provision in the AMA regarding recourse against arbitral awards. It focuses on the defence of “error of law on the face of the award” and its e..

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Webber Newd

Principles of Subrogation

What is subrogation


Every day unfortunate events occur. From a building that burns down to the ground, a motor vehicle accident and a customer who slips on a wet floor in a retail store. Behind these misfortunes is a negligent party wh..

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Cliffe Dekker Hofmeyr

Crypto fraud: Judge grants service, through NFTs, on unknown defendants

Cryptocurrency is yet another revolutionary invention in the online world. However, with innovation comes uncertainties, particularly in the legal field. This innovation requires us, like it, to redefine the parameters set in the past in the name of advancement. For..

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Templars

Nigerian Evidence Law Accommodates Technological Advancements

On 12 June 2023, President Bola Ahmed Tinubu signed the Evidence (Amendment) Act 2023 into law (“the Act” or “Amendment Act”). The Act does not repeal the Evidence Act 2011 (“the Principal Act”) but introduces key innovations to bring the Principal Act in line with global..

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Fluxmans

Awards by default in Arbitrations

The Arbitration Act No. 42 of 1965 (the Act) provides for the settlement of disputes by arbitration tribunals where there is a written arbitration agreement and for the enforcement of awards delivered by the arbitration tribunals.  

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Olaniwun Ajayi

Nigeria’s New Arbitration and Mediation Act 2023 – A Competitive Edge To Arbitration In Nigeria

A new national arbitration law, the Arbitration and Mediation Act, 2023 (the AMA), came into force in Nigeria on 26 May 2023, replacing the Arbitration and Conciliation Act (the ACA) that had remained unchanged for over three decades. Here are some notable features of the..

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Orison Legal

Public interest litigation – Mauritius court leaves door half open

In a judgment delivered on 21 March 2023, the Supreme Court of Mauritius considered whether an attorney (solicitor), in his personal name and capacity, had standing to apply for a judicial review of the rules issued by the Chief Justice in relation to court fees. In short..

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MMAKS Advocates

A Look at the Covid-19 lockdown as an event of frustration in lease/tenancy agreements

Uganda faced its first COVID-19 lockdown on 18th March 2020 and it was only until 24th January 2022 that all aspects of the economy were fully “re-opened”. In the post lockdown era, it has become increasingly common in cases filed in Uganda courts, for parties to rely on ..

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Cliffe Dekker Hofmeyr

Fraudulent immovable property transfers: Fraud unravels all

The recent judgment handed down by Judge Adams in Botha NO v Leboko-Radebe and Others (16835/2021) [2022] ZAGPJHC 724 (22 September 2022), in the High Court Gauteng Division, Johannesburg, considered whether fraud should ..

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