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
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 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
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
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
FROM THE EDITOR’S PEN – DECEMBER 2022 Advocate Eric Dunn SC is the editor of this e-periodical. Eric is a member of the Maisels Group of Advocates and a senior member of the Johannesburg Bar. He is a director and Fellow of the Association ... read more
CASE IN POINT – APRIL 2023 IRREGULARITY OF AWARDS GIVEN BY DEFAULT In The Greater Tzaneen Municipality (the Municipality) v Siphiwe Engineering and Technologies CC (Siphiwe) the court, sitting as a court of appeal (the court of appeal), had to consi... read more
TOOLS OF THE TRADE – APRIL 2023 COURT REFUSES TO ENFORCE ADJUDICATOR’S DECISION DUE TO A BREACH OF NATURAL JUSTICE[1] [This article was first published as a Thomson Reuters Practical Law Construction Blog on 12 April 2022 by Jonathan Cope, and is ... read more
TOOLS OF THE TRADE – APRIL 2023 SIDESTEPPING AN ARBITRATION AGREEMENT Introduction Arbitration is an alternative private dispute resolution process which is governed by the Arbitration Act 42 of 1965 (the Act). If a party to a contract, which includ... read more
TOOLS OF THE TRADE – APRIL 2023 EXERCISING A DISCRETION UNDER SECTION 20 OF THE ARBITRATION ACT: A SUMMARY OF THE RELEVANT CONSIDERATIONS AND GUIDING PRINCIPLES The scenario 1. Two parties, an organ of state on the one hand and a landowner on the ot... read more