FROM THE EDITOR’S PEN – DECEMBER 2022 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 Association ... 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
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
UNCLE OSWALD’S Q&A FORUM – APRIL 2023 PRESCRIPTION Dear Uncle Oswald, I hope that 2023 is treating you fairly. As usual, I again am in trouble with the law and I need your advice. The problem is this. As part of my road construction ... read more
FROM THE EDITOR’S PEN – APRIL 2023 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 Association of ... read more
AOA BREAKING NEWS – DECEMBER 2023 THE AOA’S NEW MEDIATION RULES Introduction Following a Board of Directors’ directive, the Rules Committee was requested to review the existing Mediation Rules (the existing Rules) and to produce an updated s... 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
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