TOOLS OF THE TRADE – JUNE 2021 CODE OF ETHICS PRACTICAL APPLICATION: INTRODUCTION (PART 1 OF 4)[1] Background During our previous series on Critical Thinking and Logical Reasoning[2] we examined and maintained that awards must be accurate, relevant,... read more
UNCLE OSWALD’S Q&A FORUM – JUNE 2021 JURISDICTIONAL CHALLENGE Dear Uncle Oswald As arbitrator I recently had to rule on a challenge to my jurisdiction. I have published my ruling. As a matter of interest, and for the benefit of my fell... read more
ARBITRATION EDUCATION STATION – JUNE 2021 AN EYE-OPENING ADVENTURE WITH THE SOCIETY OF MEDIATORS (LONDON) Towards the end of March this year, for a period of five days from 22 to 26 March 2021, I – together with sixteen (16) other fellow stude... read more
ARBITRATION EDUCATION STATION – JUNE 2021 ASSESSMENT OF LECTURES HOSTED BY THE ASSOCIATION OF ARBITRATORS (SOUTHERN AFRICA) Introduction 1. The Association recently, on 18 March 2021, 22 April 2021 and 6 May 2021, respectively, hosted lectures remot... read more
FROM THE EDITOR’S PEN – JUNE 2021 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 of A... read more
BREAKING NEWS – AUGUST 2021 THE SOUTH AFRICAN INSTITUTION OF CIVIL ENGINEERING (“SAICE”) ASSOCIATION OF ARBITRATORS (SOUTHERN AFRICA) NPC (“AoA”) CO-OPERATION AGREEMENT BETWEEN AOA AND SAICE The Association of Arbitrators has enjoyed a long ... read more
CASE IN POINT – AUGUST 2021 JOINT VENTURE BETWEEN AVENT (AFRICA) (PTY) LTD AND STRABAG INTERNATIONAL GMBH V SOUTH AFRICAN NATIONAL ROADS AGENCY SOC LTD AND ANOTHER 2021 (2) SA 137 (SCA) (AVEN-STRABAG-SCA) INTRODUCTION AND BACKGROUND This judgment by... read more
TOOLS OF THE TRADE – AUGUST 2021 CONSTITUTIONAL CHALLENGE TO THE ADJUDICATION PROCEDURE Zingwazi Contractors CC v Eastern Cape Development of Human Settlements and Others [2021] ZAECGHC 50 (11 May 2021) (the judgment) Zingwazi Contractors CC (Zingw... read more
TOOLS OF THE TRADE – AUGUST 2021 CODE OF ETHICS PRACTICAL APPLICATION: PRUDENCE (ESSAY 2 OF 4)[1] Introduction We established in the previous introductory essay on Code of Ethics – Practical Application[2] that virtues are attitudes, dispositi... read more
UNCLE OSWALD’S Q&A FORUM – AUGUST 2021 DECLARATORY HIGH COURT RELIEF DURING AN ONGOING ARBITRATION Dear Uncle Oswald My company is the supplier in terms of a tobacco leaf supply contract. We are involved, as the claimant, in an arbitrati... read more