TOOLS OF THE TRADE – DECEMBER 2023 A NEED FOR UNIFORM ADJUDICATION RULES[1] Introduction I was appointed as the adjudicator in the dispute between the Ekurhuleni West College v Segal and Trencon Construction[2] at the end of 2016. The dispute aro... read more
TOOLS OF THE TRADE – DECEMBER 2023 POWERS OF AN ARBITRATOR UNDER SECTION 12B (4) (a) OF THE PETROLEUM PRODUCTS ACT 120 OF 1977[1] Introduction 1. The Constitutional Court (CC) recently had occasion to pronounce on the ambit of s 12B (4) (a) of th... read more
TOOLS OF THE TRADE – DECEMBER 2023 PIPPED AT THE POST?[1] (the pitfall of instituting a claim in the wrong forum and how this relates to the relevant arbitration clause and underlying agreement) Introduction As a result of court backlogs and delays,... read more
TOOLS OF THE TRADE – DECEMBER 2023 DUTY TO SUPERVISE PROPERLY Introduction What is the ambit of the duty of the employer’s agent (EA) to supervise the execution of construction works? What are the consequences of a failure to do so properly? The... read more
TOOLS OF THE TRADE – DECEMBER 2023 CLIMATE CHANGE AND ITS EFFECT ON CONSTRUCTION CONTRACTS AND DISPUTES[1] Introduction The construction sector is growing at unprecedented rates. It is estimated that during the next forty years, 230 billion square... read more
TOOLS OF THE TRADE – JUNE 2024 RECUSAL OF AN ADJUDICATOR OR ARBITRATOR Introduction When an adjudicator or an arbitrator is requested to recuse himself or herself, the request will normally be made by one of the parties. Obviously if both parties ... read more
TOOLS OF THE TRADE – JUNE 2024 ADJUDICATORS MUST PAY CAREFUL ATTENTION WHEN DRAFTING THEIR DETERMINATIONS Adjudication is the primary dispute resolution process in many standard-form contracts.[1] Although not regulated by statute in South Africa,... read more
TOOLS OF THE TRADE – JUNE 2024 CHALLENGING AN ARBITRATION AWARD ON THE GROUNDS OF SERIOUS IRREGULARITY – LESSONS FROM THE UK Introduction This tale is about two Irish businessmen who came ever so close to striking it very rich in Nigeria. Mr Mi... read more
TOOLS OF THE TRADE – JUNE 2024 FIDIC GOLDEN PRINCIPLES: THEY APPLY TO ALL CONSTRUCTION CONTRACTS! Introduction In 2017, the Fédération Internationale des Ingénieurs-Conseils or, more commonly known as, the International Federation of Consulting E... read more