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 – 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 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 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 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
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
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
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
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
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
