eBRAM International Online Dispute Resolution Centre Limited’s Post

👩🏿⚖️ SGA Law Africa 101 | Letter of Demand - Xolile Myeni What is a Letter of Demand? 🤔 A Letter of demand is a written correspondence that sets out a legal claim and makes a demand for certain relief in respect of the claim. 📌 A letter of demand is often the precursor to litigation and should comply with certain prescribed legal requirements in respect of the legal claim. 📌 Why Would a Letter of Demand be Issued Out? 🤔 The primary purpose of a letter of demand is to inform the defendant that the plaintiff has a cause of action against them, and to persuade them to settle the claim, or to remove the cause of complaint within a stated time so as to avert formal proceedings from being instituted. 📌 In all disputes, you are expected to make attempts to resolve your dispute before approaching a court for relief. This means you must behave reasonably to try to avoid litigation, and this is usually evidenced by way of a letter of demand. 📌 How Do You Respond to a Letter of Demand? 🤔 Before responding, consult with a legal professional who will help you understand the implications and guide your response, review all the allegations, and gather evidence to ascertain the validity of the claim, and if possible, negotiate with the other party t reach an amicable resolution, such as a payment plan or other settlement terms. 📌 Ignoring a letter of demand can have serious consequences. It can be perceived as a disregard for contractual obligations, leading to legal actions such as court proceedings. 📌 --- [Xolile Myeni is the legal secretary of SGA Law Africa with a Diploma in Law from the Tshwane University of Technology].   #sgalawafrica #excellence #commerciallaw #compliance #governance #southafrica

How do Regional Offices contribute to the work of the Permanent Bureau (PB)? The PB has its headquarters in The Hague, Netherlands, and two Regional Offices: - The Regional Office for the Asia Pacific (ROAP), in Hong Kong SAR, China; and - The Regional Office for Latin America and the Caribbean (ROLAC), in Buenos Aires, Argentina. The work of both ROAP and ROLAC contribute to: a. promoting the universality of the HCCH by increasing awareness of the HCCH, the HCCH instruments and their benefits, as well as of private international law (PIL), among States and other stakeholders in the regions; b. promoting the inclusiveness of the HCCH by supporting the active involvement of States and other stakeholders in the regions in its normative, non-normative and governance work; c. assisting States in the regions in the proper implementation and operation of HCCH instruments, including through the delivery of efficient, tailored post-Convention services and assistance. The colleagues at the Regional Offices also contribute to the PB’s substantive legal work, with ROAP contributing to the Transnational Litigation and Apostille Division, and ROLAC supporting the International Family and Child Protection Law Division. The work and progress of ROAP and ROLAC in 2023 is reported in Preliminary Document No 21, submitted to the Council on General Affairs and Policy (CGAP) ahead of its next meeting in March. This document is available at the links in the comments below. Personally it continues to be a pleasure working with my colleagues in both ROAP and ROLAC: Yun Zhao, Representative, Levi GAO and Alix Ng at ROAP, and Ignacio Goicoechea, Representative, and Florencia Castro at ROLAC as well as the many interns who have worked with us through the Regional Offices over the years. My thanks also to Giulia Valentini for coordinating the report of the Regional Offices for CGAP this year, and appreciation to Diana Wan, our current secondee at the PB in The Hague, originally from Hong Kong SAR (and a shout out to our former secondee Eric Yuen who we just saw last September in Hong Kong SAR!). HCCH - Hague Conference on Private International Law #privateinternationallaw #internationalorganisation #regionaloffice #asiapacific #latinamerica #caribbean #law #governance

The top SSRN paper on arbitration. Arbitration, Conciliation and Mediation in Uganda: A Focus on the Practical Aspects - Anthony C.K. Kakooza Uganda Living Law Journal, Vol. 7 No. 2 December 2009, pp. 268-294. ISSN 1729-4672. Published by the Uganda Law Reform Commission. Link: https://lnkd.in/dKveyVRK #law #disputes #litigation #arbitration #uganda #internationalarbitration #courts #openaccess #ssrn

Eyad Maher Dabbah (Queen Mary University of London) supervised an on-topic on Competition law and policy in the Middle East and North Africa in #Concurrences 3-2024. With contributions from Asad Ahmad, Salma Farouq (GLA & Company), Razan Alqasem (University of Toulouse 1), Rachid El Bazzim (University of Ibn Zohr), Hugh Hollman, Pauline Van Sande (A&O Shearman), Muath Masri (Charles River Associates), Rafik RABIA (Rabia Avocats), Yavuz Selim Günay, Çiğdem G. Okkaoğlu and Eymen Kurt (Günay Erdoğan Attorneys at Law). Read more here: https://shorturl.at/Rd1Hw This on-topic discusses major trends and developments in competition law regimes across the Middle East and North Africa (MENA), offering detailed analyses and highlighting the region's growing importance in global competition law. #competitionlaw #antitrust #antitrustlaw #droitdelaconcurrence #MENA #Middleeast #Northafrica #antitrustlaw #leniency

KEEPING PUBLIC BODIES IN LINE: WHAT IS A MANDAMUS IN SOUTH AFRICAN LAW? Picture yourself at the beach, with lifeguards failing to patrol despite regulations mandating their presence. This negligence poses a risk to beachgoers. In South Africa, a legal recourse exists to address such situations: the mandamus. What is a Mandamus?   A mandamus is a court-issued order compelling a public authority or corporation to fulfil a public or statutory duty. It serves as a powerful legal tool to remind public bodies of their obligations and ensure accountability. Holding Public Bodies Accountable   Mandamus is crucial for promoting accountability. Public bodies are entrusted with serving the public good, and a mandamus ensures they adhere to their legal duties. For instance, if a government department fails to process applications promptly, a mandamus can compel them to act. When Can You Apply for a Mandamus?   To succeed in a mandamus application, certain key requirements must be met: 1.    Clear Duty: The public body must have a distinct legal obligation to perform a specific action. 2.    Failure to Act: The public body must have either failed to fulfil that duty or be on the verge of neglecting it. 3.    No Other Remedy: When no other reasonable means exist to achieve the desired outcome, a mandamus may be warranted. If the issue can be resolved through negotiation or alternative legal avenues, a mandamus might not be granted. The Impact of Mandamus   By enforcing accountability among public bodies, mandamus applications play a pivotal role in South Africa's legal system. They ensure efficient delivery of public services and safeguard the rights of the public.   Next time you witness a public body shirking its responsibilities, remember the potency of the mandamus. For a more in-depth understanding or guidance on pursuing a mandamus application, consider consulting legal professionals familiar with South African law. Stay informed, stay empowered, and uphold accountability in public governance. #SouthAfricanLaw #PublicLawSA #MandamusLaw #HoldingPublicBodiesAccountable #SALawBlog #ThomsonWilksInc #ThomsonWilksAttorneys

Legal B-BBEE Sector Codes Gazetted! The Legal B-BBEE Sector Codes of Good Practice have been gazetted and will be applicable with immediate effect. This marks a significant milestone in the transformation of the legal sector in South Africa. ✔️Accreditation Requirement: All rating agencies will now need to apply for accreditation from SANAS. ✔️Purpose of the Legal Sector Code: The Code aims to: ✔️Provide a policy framework for sustainable transformation and growth of the legal sector. ✔️Establish a legislative framework for transforming the legal profession. ✔️Broaden access to justice by ensuring equal opportunities for all aspiring legal practitioners. ✔️Facilitate the realisation of a transformed and restructured legal profession. This is a crucial development for the legal industry. Let's work together to ensure its successful implementation and a more inclusive and equitable legal sector for all. #LegalBBBEE #Transformation #SouthAfrica #LegalSector #Law #Justice #Equity

Pleased to announce the publication of our latest Research Article titled "Legal Framework of Mediation and Its Implementation: A Comparative Study of Singapore and Pakistan", done by me and Malaika Moiz, under the supervision of Ms. Hina Qayyum. This research delves into the legal structures surrounding mediation in both Singapore and Pakistan, offering a comparative analysis of their frameworks, implementation strategies, and the challenges faced in promoting alternative dispute resolution (ADR) in these jurisdictions. 🔎 Key insights include: 1. A comparative analysis of mediation laws in Singapore and Pakistan. 2. The role of legal frameworks in promoting or hindering mediation as an alternative dispute resolution method. 3. Key challenges and recommendations for improving mediation practices in Pakistan. I hope this article will contribute to the ongoing dialogue on enhancing mediation practices and inspire future research in the field of alternative dispute resolution. 📄 Read the full article here: https://lnkd.in/dCsdn9f3 #Mediation #LegalFramework #DisputeResolution #AlternativeDisputeResolution #Research #Singapore #Pakistan #LegalStudies #ConflictResolution #ADR #LegalResearch

Excited to share my upcoming online webinar on Law & Migration to Australia! Join us on 27th September at 18:30 PM Melbourne Time. #LawAndMigration #LegalServices #AustraliaMigration #DRMMLAW #LegalAdvice #MigrationLaw #LegalProfessionals

📢 Join our online webinar on Law & Migration to Australia! Get valuable insights on migration pathways to Australia from Mostafa Mozafari, PhD, Director and Principal Lawyer at DRMMLAW-LAWYERS hosted by Zahra Abbasi, practicing lawyer in Iran. 🗓 Date: 27th September 2024 🕛 Time: 18:30 PM Melbourne Time ✨ Topic: From Dreams to Reality: Navigating Your Migration Journey 👉 Join us on Instagram for the webinar: @drmmlaw @zahra.abbasi.lawyer Don’t miss the chance to connect with an expert and get answers to your migration questions! #LawAndMigration #LegalServices #AustraliaMigration #DRMMLAW #LegalAdvice #MigrationLaw #LegalProfessionals

Had a great preparatory chat with Manon Schonewille, Ana Maria Maia Gonçalves, Spring Tan, and Haruo Okada. These mediation pioneers have been opening minds and hearts to amicable conflict resolution for decades. Their analysis of the future was thought provoking and we may not have enough time to run through the many different exciting pathways for mediation to develop in coming years. Am certain this conversation between practitioners happening on 8 May 2024 is an important one. Am hopeful it will not be the last! (And that soon enough we can persuade some EU members to sign up to the Singapore Convention on Mediation!) Sage Mediation #internationalmediation #mediationadvocacy #adr