FROM THE EDITOR’S PEN – DECEMBER 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 Association ... read more
UNCLE OSWALD’S Q&A FORUM – DECEMBER 2022 Dear Uncle Oswald It is me again, Frikkie the fearless contractor. I was at a site hand-over meeting yesterday where the clever guys discussed on-demand guarantees. One of the engineers was of t... read more
FROM THE EDITOR’S PEN – DECEMBER 2022 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 ... read more
TOOLS OF THE TRADE – APRIL 2023 SIDESTEPPING AN ARBITRATION AGREEMENT INTRODUCTION Arbitration is an alternative private dispute resolution process which is governed by the Arbitration Act 42 of 1965 (the Act). If a party to a contract, which includ... read more
UNCLE OSWALD’S Q&A FORUM – APRIL 2023 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 business, I ow... 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
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
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 aros... 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 The Constitutional Court (CC) recently had occasion to pronounce on the ambit of s 12B (4) (a) of the P... 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