FROM THE EDITOR’S PEN – APRIL 2021 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 Associa... read more
READERS’ LETTERS – JUNE 2021 A TCC SAYS DR HENDRY! Dear Sir, Dr Hendry concluded her informative and thought-provoking contribution in the April newsletter with two proposals. The first was the statutory establishment of a specialist court ... read more
IN MEMORIAM – JUNE 2021 PASSING OF AN EMINENT FELLOW: KEMP J KEMP SC On 27 January 2021 Adv Kemp Jurgen Kemp SC passed away at the age of 69 despite having just fought off a serious bout of Covid-19 infection. He was born in Kirkwood, a small East... read more
IN MEMORIAM – JUNE 2021 FERGUS CRAIG BLACKIE 18 July 1937 – 24 April 2021 On behalf of the Association, I wish to extend our heartfelt condolences to the family of Retired Judge Fergus Blackie who passed away on Saturday 24 April 2021 at the ... read more
AOA BREAKING NEWS – JUNE 2021 WESTERN CAPE BRANCH HOLD SUCCESSFUL “WORKSHOP” VIA ZOOM Workshop 29 April 2021, only some were on camera! The Association of Arbitrators has an active branch in the Western Cape which is chaired by Jonathan M... read more
AOA BREAKING NEWS – JUNE 2021 KWAZULU-NATAL BRANCH PRESENTATION On 30 March 2021 the KZN Branch of the Association put on a Mini Construction Conundrums presentation via the Zoom platform. The presenters were Alastair Hay, the branch chairman, and R... read more
AOA BREAKING NEWS – JUNE 2021 PROTOCOL ON REMOTE ARBITRATION HEARINGS (THE PROTOCOL) The Protocol is intended to serve as a guide to assist parties and arbitral tribunals with the preparation for and conducting of remote hearings in an ad hoc arbitr... read more
CASE IN POINT – JUNE 2021 JOINT VENTURE BETWEEN AVENG (AFRICA) (PTY) LTD AND STRABAG INTERNATIONAL GMBH V SOUTH AFRICAN NATIONAL ROADS AGENCY SOC LTD AND ANOTHER [2019] 3 ALL SA 186 (GP) (AVENG-STRABAG) INTRODUCTION AND FACTUAL BACKGROUND The partie... read more
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