ADJUDICATION – MR CHRIS BINNINGTON Thank you to our Director and Fellow, Mr Chris Binnington, for preparing this article. Please click here to download the article.
TOOLS OF THE TRADE – JULY 2020 Ms Maritza Breitenbach holds a Bachelor of Science degree (cum laude), a Teaching Diploma and a Certificate in Small Business Management (magna cum laude), all from North-West University (NWU). She also completed a M... read more
TOOLS OF THE TRADE – APRIL 2021 SHOULD ADJUDICATION DETERMINATIONS AND ARBITRATION AWARDS IN THE FIELDS OF BUILDING, CONSTRUCTION AND ENGINEERING LAW BE PUBLISHED?[1] THE QUESTION Why do employers and contractors in the building, construction and en... read more
TOOLS OF THE TRADE – APRIL 2021 INTERESTING POINTS CONCERNING ADJUDICATIONS: THE RECENT JUDGMENT IN CONFACT CORE CONSTRUCTION CC V JLK CONSTRUCTION (PTY) LTD[1] Confact Core Construction CC (Confact), as sub-contractor, and JLK Construction (Pty) Lt... read more
TOOLS OF THE TRADE – AUGUST 2021 CONSTITUTIONAL CHALLENGE TO THE ADJUDICATION PROCEDURE Zingwazi Contractors CC v Eastern Cape Development of Human Settlements and Others [2021] ZAECGHC 50 (11 May 2021) (the judgment) Zingwazi Contractors CC (Zingw... 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
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
TOOLS OF THE TRADE – Adv K Bailey SC’s ‘THE PLEA OF LIS ALIBI PENDENS IN ADJUDICATIONS’ – March 2022
TOOLS OF THE TRADE – MARCH 2022 THE PLEA OF LIS ALIBI PENDENS IN ADJUDICATIONS The defence or plea of lis alibi pendens is sometimes encountered in adjudication proceedings. This defence is raised in circumstances where there may be legal proceeding... read more
TOOLS OF THE TRADE – DECEMBER 2022 Chris Binnington is a director of the Association of Arbitrators (Southern Africa (NPC) and a Life Fellow of the Association of Arbitrators. He was, from 1997 to 2010, the Chairman of the Association, and is widely... read more
TOOLS OF THE TRADE – APRIL 2023 COURT REFUSES TO ENFORCE ADJUDICATOR’S DECISION DUE TO A BREACH OF NATURAL JUSTICE[1] [This article was first published as a Thomson Reuters Practical Law Construction Blog on 12 April 2022 by Jonathan Cope, and is ... read more