ARBITRATION EDUCATION STATION– FEBRUARY 2021 BEST 2020 AWARD WRITING STUDENTS 2020 was an annus horribilis for everyone, including the students and faculty members of the Association. Mistakes were made and valuable lessons were learnt. However, a... read more
AOA BREAKING NEWS – APRIL 2021 By the time that this edition of Arbitrarily Speaking! appears on your screen, 2021 would be in full swing. The Association is a beehive of activity. Our academic activities and our virtual international mediation ... read more
CASE IN POINT – APRIL 2021 TO SUPPORT OR NOT TO SUPPORT INTRODUCTION What duty of lateral support does a property owe to its neighbouring properties? Our law has from time immemorial imposed a duty of lateral support on properties with a concomitant... read more
TOOLS OF THE TRADE – APRIL 2021 THE ROLE OF AN EXPERT WITNESS AND THE EVALUATION OF EXPERT EVIDENCE WHAT DOES THE EXPRESSION ‘EXPERT WITNESS’ MEAN? GENERAL The expression ‘expert witness’ is ordinarily used to refer to a witness whose opinio... read more
TOOLS OF THE TRADE – APRIL 2021 SHOULD ADJUDICATION DETERMINATIONS AND ARBITRATION AWARDS IN THE FIELDS OF BUILDING, CONSTRUCTION AND ENGINEERING LAW BE PUBLISHED?[1] THE QUESTION Why do employers and contractors in the building, construction and en... read more
TOOLS OF THE TRADE – APRIL 2021 INTERESTING POINTS CONCERNING ADJUDICATIONS: THE RECENT JUDGMENT IN CONFACT CORE CONSTRUCTION CC V JLK CONSTRUCTION (PTY) LTD[1] Confact Core Construction CC (Confact), as sub-contractor, and JLK Construction (Pty) Lt... read more
UNCLE OSWALD’S Q&A FORUM – APRIL 2021 THE ARBITRATION DEFENCE: S 6(1) OF THE ARBITRATION ACT AND THE COMMON LAW Dear Uncle Oswald A lively discussion ensued while I was staring at the glowing embers of a Sekelbos campfire with our mutual f... read more
ARBITRATION EDUCATION STATION – APRIL 2021 SPECIALISATION IN CONSTRUCTION LAW INTRODUCTION The Specialisation in Construction Law Course is a one-year distance learning course. It is intended for persons interested in gaining a better understanding ... read more
ARBITRATION EDUCATION STATION – APRIL 2021 MEDIATION AND MEDIATION TRAINING – THE RESOLUTION REVOLUTION Over the years the Association of Arbitrators (Southern Africa) regularly joined forces with its long-standing friends at the Society of Me... read more
FROM THE EDITOR’S PEN – APRIL 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 Associa... read more