ARBITRATION EDUCATION STATION – JUNE 2021 AN EYE-OPENING ADVENTURE WITH THE SOCIETY OF MEDIATORS (LONDON) Towards the end of March this year, for a period of five days from 22 to 26 March 2021, I – together with sixteen (16) other fellow stude... read more
UNCLE OSWALD’S Q&A FORUM – JUNE 2021 JURISDICTIONAL CHALLENGE Dear Uncle Oswald As arbitrator I recently had to rule on a challenge to my jurisdiction. I have published my ruling. As a matter of interest, and for the benefit of my fell... read more
TOOLS OF THE TRADE – JUNE 2021 CODE OF ETHICS PRACTICAL APPLICATION: INTRODUCTION (PART 1 OF 4)[1] Background During our previous series on Critical Thinking and Logical Reasoning[2] we examined and maintained that awards must be accurate, relevant,... read more
TOOLS OF THE TRADE – JUNE 2021 THE DISTINCTION BETWEEN THE JURISDICTION OF THE ARBITRAL TRIBUNAL AND THE ADMISSIBILITY OF A CLAIM IN THE LAW OF ENGLAND AND SINGAPORE – IS SUCH A DEVELOPMENT NECESSARY IN SOUTH AFRICAN ARBITRATION LAW? Introduction ... 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
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
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
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
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 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
