TOOLS OF THE TRADE – DECEMBER 2021 STATUS OF INTERI PAYMENT CERTIFICATES ENSafrica Construction ENSurance RECENT INFLUENTIAL COURT DECISIONS AND WHAT THEY MAY MEAN FOR YOUR BUSINESS INTRODUCTION We are delighted to present you with this bookl... read more
TOOLS OF THE TRADE – MARCH 2022 THE PLEA OF LIS ALIBI PENDENS IN ADJUDICATIONS The defence or plea of lis alibi pendens is sometimes encountered in adjudication proceedings. This defence is raised in circumstances where there may be legal proceeding... read more
TOOLS OF THE TRADE – MARCH 2022 An esteemed Life Fellow of the Association, Advocate Patrick Lane SC, recently published the following scholarly article in The International Construction Law Review. The article is hereby reproduced with the kind per... read more
TOOLS OF THE TRADE – MARCH 2022 INTERNATIONAL ARBITRATION WAIVER OF THE RIGHT TO REVIEW AN ARBITRATION AWARD by Cassie Badenhorst SC and Penny Bosman[1] Introduction Arbitration, particularly in the context of legal disputes between parties in dif... read more
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
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