TOOLS OF THE TRADE – JUNE 2021 CAN AN ARBITRATOR RESIGN? Introduction 1. Notwithstanding how careful an arbitrator may be upon acceptance of his or her appointment to decide a reference, circumstances may arise later on in the case that may prompt a... read more
TOOLS OF THE TRADE – JUNE 2021 ‘UNCONSCIONABILITY’: TO WHAT EXTENT DOES IT, OR CAN IT, CONSTITUTE A DEFENCE IN SOUTH AFRICAN LAW TO A PARTY’S ABILITY TO MAKE A CALL FOR PAYMENT UNDER AN ON-DEMAND GUARANTEE? On-demand performance bonds are inst... read more
TOOLS OF THE TRADE – JUNE 2021 THE DISTINCTION BETWEEN THE JURISDICTION OF THE ARBITRAL TRIBUNAL AND THE ADMISSIBILITY OF A CLAIM IN THE LAW OF ENGLAND AND SINGAPORE – IS SUCH A DEVELOPMENT NECESSARY IN SOUTH AFRICAN ARBITRATION LAW? Introduction ... read more
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
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
TOOLS OF THE TRADE – OCTOBER 2021 WILL A COURT REFUSE TO ENFORCE AN ARBITRATOR’S AWARD IF IT CONSIDERS IT WRONG? In terms of section 31 (1) of the Arbitration Act 42 of 1965 (the Act), the arbitrator’s award in a domestic arbitration may be... read more
TOOLS OF THE TRADE – OCTOBER 2021 CODE OF ETHICS PRACTICAL APPLICATION: FORTITUDE (ESSAY 3 OF 4)[1] Introduction The types of conduct, duties and responsibilities expected of arbitrators are listed in the Association of Arbitrators (Southern Africa)... read more
TOOLS OF THE TRADE – DECEMBER 2021 ADJUDICATOR’S JURISDICTIONAL POWERS TO AWARD COSTS Adjudicators normally have very limited, if any, power to decide on the liability for costs of adjudication proceedings. For instance, in the case of adjudic... read more
TOOLS OF THE TRADE – DECEMBER 2021 CODE OF ETHICS PRACTICAL APPLICATION: JUSTICE (ESSAY 4 OF 4) Introduction In this final essay of the four-part series on the Practical application of ethics[1] we conclude with a discussion on justice. Justice, m... read more