Tax law

My observation is that the Lawyering is becoming more and more difficult. Colleagues, Kindly note that mediation has been introduced as a dispute resolution mechanism in legal proceedings. With effect from 9 March 2020 parties are required to consider mediation in every matter. The new Rule 41A was published under Government Gazette No. 363000 dated 7 February 2020. In terms of the new Rule 41A, parties will not be entutled to issue summons and or Notice of Motion unless the parties have completed and filed Form 27 with the summons and or Notice of Motion. The Defendant/Respondent, when delivering a Notice of Intention to Defend or Notice to Oppose or at any time thereafter but before filing a Plea/Answering Affidavit , must indicate; Whether such Defendant/Redpondent agree or refuse referral of the dispute for Mediation and if the matter is not capable of being mediated, then such party must give reasons. Parties must declare that they have considered mediation as a solution in any legal matter before commencing with legal steps. Rule 41A will require legal representatives to declare that he/she has advised his/her client to consider mediation as means of atempt to resolve the dispute which is the subject matter of the proceedings Uniform Rule 41A accompanied by Form 27 will come into effect on 9 March 2020 (today). Nb: there is also a new amendment regarding Rule 70 which deals with Taxations published on the same Government Gazette.

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What Needs to Be Done to Improve the Security of Art Sales and Transactions

There is much room for improvement in securing art sales and transactions, and mediation can do a lot to make this change happen. What is the state of play? What improvements do art buyers want to see in the future, to adequately resolve art disputes?

As an art lawyer practicing in the art law field since 2012, I have drawn the following observations from this experience:

Litigation is not the most time-efficient and cost-efficient approach to adequately resolving disputes in the art sector;the absence of secrecy in court proceedings is a major issue for the buy side of the art market, i.e. art collectors, art foundations and museums, deterring them from suing even bad players in the field; and lawsuits can drag on forever, especially if court-imposed mediation measures are taken, against the parties’ will, or if a party appeals the first-degree judgment handed down by the courts.Consequently, a better option than litigation is needed in the art sector, such as mediation. However, there is a lack of effective mediation services offered to stakeholders operating in this industry. What can be done to increase the trustworthiness of this opaque yet dynamic market?

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