CASE IN POINT – OCTOBER 2021 Sasol South Africa (Pty) Ltd v Murray & Roberts Limited 2021 JDR 1328 (SCA) INTRODUCTION AND FACTUAL BACKGROUND The parties The appellant is Sasol South Africa (Pty) Ltd (Sasol) and the respondent is Murray & Rob... read more
CASE IN POINT – DECEMBER 2021 SEQUEL TO ENFORCEABILITY OF ADJUDICATORS’ DECISIONS Introduction On 22 October 2021, a Bulletin entitled ‘When is an Adjudicator’s Decision Unenforceable?’ was published by me on Cox Yeats’s website. It deal... 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
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
CASE IN POINT – DECEMBER 2023 THE ENFORCEMENT OF ADJUDICATORS’ DECISIONS BY THE COURTS[1] The Supreme Court of Appeal (SCA) on 12 June 2023 handed down a very important judgment concerning the enforcement of decisions by adjudicators. Two import... read more
CASE IN POINT – JUNE 2024 DOES AN ARBITRATOR HAVE THE DISCRETIONARY POWER TO DECIDE A DISPUTE WHICH HAS NOT BEEN PLEADED? In the case of Close-Up Mining (Pty) Ltd and Others v The Arbitrator, Judge Phillip Boruchowitz and Another,[1] the Supreme Cou... read more