TOOLS OF THE TRADE – DECEMBER 2021 ADJUDICATOR’S JURISDICTIONAL POWERS TO AWARD COSTS Adjudicators normally have very limited, if any, power to decide on the liability for costs of adjudication proceedings. For instance, in the case of adjudic... read more
CASE IN POINT – DECEMBER 2021 SEQUEL TO ENFORCEABILITY OF ADJUDICATORS’ DECISIONS Introduction On 22 October 2021, a Bulletin entitled ‘When is an Adjudicator’s Decision Unenforceable?’ was published by me on Cox Yeats’s website. It deal... read more
IN MEMORIAM – DECEMBER 2021 BARRY MICHAEL JAMMY 16 January 1932 – 11 November 2021 Barry Michael Jammy passed away on 11 November after suffering a fall at his home. With his passing we lose a friend, a colleague, loving husband to his wi... read more
AOA BREAKING NEWS – OCTOBER 2021 NEW DIRECTOR, MR SHARMRAJ BAUCHOO Sharm Bauchoo is a Fellow of the Association since 2011 and was elected to the Board of Directors at the 2021 AGM. Sharm is a Member of the Association of South African Quantity Surv... read more
FROM THE EDITOR’S PEN – OCTOBER 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 Associ... read more
TOOLS OF THE TRADE – OCTOBER 2021 CODE OF ETHICS PRACTICAL APPLICATION: FORTITUDE (ESSAY 3 OF 4)[1] Introduction The types of conduct, duties and responsibilities expected of arbitrators are listed in the Association of Arbitrators (Southern Africa)... read more
TOOLS OF THE TRADE – OCTOBER 2021 WILL A COURT REFUSE TO ENFORCE AN ARBITRATOR’S AWARD IF IT CONSIDERS IT WRONG? In terms of section 31 (1) of the Arbitration Act 42 of 1965 (the Act), the arbitrator’s award in a domestic arbitration may be... read more
UNCLE OSWALD’S Q&A FORUM – OCTOBER 2021 IS AN APPOINTED ARBITRATOR ENTITLED TO UNILATERALLY DETERMINE A REFERRED DISPUTE AS AN EXPERT? Dear Uncle Oswald You might recall having advised me on the operation of section 6 (1) of the Arbitratio... read more
CASE IN POINT – OCTOBER 2021 Sasol South Africa (Pty) Ltd v Murray & Roberts Limited 2021 JDR 1328 (SCA) INTRODUCTION AND FACTUAL BACKGROUND The parties The appellant is Sasol South Africa (Pty) Ltd (Sasol) and the respondent is Murray & Rob... read more
FEATURED POEM – OCTOBER 2021 LIONS AND GAZELLES by Avi-Nash Sukuram Citius, altius, fortius – Faster, higher, stronger. An Olympian motto; Precedent for ADR. At day’s break, Lions and gazelles, guised as friends. With kid gloves they spar, Neith... read more
