UNCLE OSWALD’S Q&A FORUM – DECEMBER 2022 Dear Uncle Oswald It is me again, Frikkie the fearless contractor. I was at a site hand-over meeting yesterday where the clever guys discussed on-demand guarantees. One of the engineers was of t... read more
CASE IN POINT – DECEMBER 2022 IS IT THE COURT OR THE ARBITRATOR WHO DECIDES THE VALIDITY OF AN ARBITRATION AGREEMENT? In the judgment of the Supreme Court of Appeal (SCA) of Canton Trading 17 (Pty) Ltd t/a Cube Architects v Fanti Bekker Hattingh NO[... read more
TOOLS OF THE TRADE – Adv J Moorcroft’s ‘Comments on the Jurisdiction of Arbitrators’ – December 2022
TOOLS OF THE TRADE – DECEMBER 2022 COMMENTS ON THE JURISDICTION OF ARBITRATORS INTRODUCTION Arbitration is governed in our statute law[1] by the Arbitration Act (the Act)[2] in respect of domestic arbitrations and the International Arbitration Act (... read more
TOOLS OF THE TRADE – DECEMBER 2022 TIMING – LEX COMMISSORIA CANCELLATION SUMMARY This article considers the timing of a cancellation invoked in terms of a lex commissoria clause and the affect which the issue of an intervening negative payment... read more
TOOLS OF THE TRADE – DECEMBER 2022 Chris Binnington is a director of the Association of Arbitrators (Southern Africa (NPC) and a Life Fellow of the Association of Arbitrators. He was, from 1997 to 2010, the Chairman of the Association, and is widely... read more
FROM THE EDITOR’S PEN – MARCH 2022 Advocate Cassie Badenhorst SC is the acting editor of this e-periodical for the duration of Eric Dunn SC’s temporary absence. Cassie is a member of the Maisels Group of Advocates, a senior member of ... read more
ARBIRATION EDUCATION STATION – MARCH 2022 At the time of going to press the Association’s Faculty is a beehive of activity with new course enrollments and the finalisation of course material for the commencement of the 2022 academic year in... read more
TOOLS OF THE TRADE – MARCH 2022 INTERNATIONAL ARBITRATION WAIVER OF THE RIGHT TO REVIEW AN ARBITRATION AWARD by Cassie Badenhorst SC and Penny Bosman[1] Introduction Arbitration, particularly in the context of legal disputes between parties in dif... read more
TOOLS OF THE TRADE – MARCH 2022 An esteemed Life Fellow of the Association, Advocate Patrick Lane SC, recently published the following scholarly article in The International Construction Law Review. The article is hereby reproduced with the kind per... read more
TOOLS OF THE TRADE – Adv K Bailey SC’s ‘THE PLEA OF LIS ALIBI PENDENS IN ADJUDICATIONS’ – March 2022
TOOLS OF THE TRADE – MARCH 2022 THE PLEA OF LIS ALIBI PENDENS IN ADJUDICATIONS The defence or plea of lis alibi pendens is sometimes encountered in adjudication proceedings. This defence is raised in circumstances where there may be legal proceeding... read more