International Trade
The article explores the importance of security agreements or financial instruments in facilitating international trade transactions, focusing on letters of credit, bank guarantees, and performance bonds. These instruments mitigate financial risks associated with non-payment or failed performance by transacting parties. Additionally, the article discusses the International Chamber of Commerce Uniform Customs and Practice for Documentary Credit (UCP 600) and Uniform Rules for Demand Guarantee (URDG 758) as regulatory frameworks governing these transactions.
Contracts for International Sale of Goods
The article compares two significant legal instruments governing contracts on the international sale of goods: the UK Sale of Goods Act 1979 (SGA) and the United Nations Convention on Contracts for the International Sale of Goods (CISG) 1980. Both aim to regulate transactions and resolve disputes arising from international trade, but they differ in their approaches and mechanisms.
Contracts 101
Explore the fundamentals of contracts, including their enforceability, consensus, performance, signing requirements, capacity, legality, and the principle of sanctity. Understand the importance of clarity, proper description of parties, legal capacity, and adherence to legal principles for contract enforceability.
Public Private Partnerships
Explore the challenges facing public-private partnerships (PPPs) for infrastructure development in Zimbabwe, including legal and policy frameworks, historical perspectives, and current obstacles such as poor creditworthiness, capacity constraints, high country risk, corruption, and lack of infrastructure maintenance culture.
Joint Ventures in the Agriculture Sector
Explore the dynamics of joint venture agreements in Zimbabwe’s agriculture sector, their legal framework under the Land Commission Act, and the benefits they offer in enhancing land utilization, productivity, and investor confidence
Understanding Corporate Rescue Proceedings in Zimbabwe
Discover the intricacies of corporate rescue under Zimbabwe’s Insolvency Act, its initiation, duration, and the role of Corporate Rescue Practitioners. Learn about recourse against negligent practitioners and the transition from judicial management to corporate rescue.
International Arbitration
Is international arbitration truly international? INTRODUCTION Mediation is a dynamic, neutral, and structured process designed to assist parties as an alternative dispute resolution (ADR) mechanism. International arbitration is a dispute resolution process which is popular and necessitated by the expansion and globalization of cross-border investment, trade and commerce. It emerged as a significant alternative to […]
Nominee Shareholding In Zimbabwe
Nominee Shareholding In Zimbabwe INTRODUCTION The Companies and Other Business Entities Act [Chapter 24:31] (the COBE Act) provides that shares in a company may be held by a nominee on behalf of a beneficial owner. This article considers the nature of nominee shareholding, the advantages and disadvantages of this phenomenon, and the mandatory disclosure of […]
Shareholder Passivity is a Misnomer
SHAREHOLDER PASSIVITY IS A MISNOMER INTRODUCTION There is a general misconception that shareholders are passive, and yet they have a wide arsenal of powers at their disposal and the legal protection for their assets and interest is embedded in codes of conduct. This article seeks to evaluate the power that shareholders have under the Companies […]
Cyber Bullying
The Cyber and Data Protection Act (Chapter 12:07) became law in December 2021. In terms of section 2 of the Act, the object of the Act is to increase data protection in order to build confidence and trust in the secure use of information and communication technologies by data controllers, their representatives and data subjects.
