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
FROM THE EDITOR’S PEN – DECEMBER 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 ... 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
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
UNCLE OSWALD’S Q&A FORUM – JUNE 2024 THE MATTER OF SWAMBO’S HALF-SHARE Dear Uncle Oswald, As you know, attractive ladies and matters of law are drawn to me like moths to a candle. I will not bother you with my lady-issues, but y... read more