UNCLE OSWALD’S Q&A FORUM– SEPTEMBER 2020 In this edition, our retired resident arbitrator graciously accepts an admonitory remark from a pre-eminent jurist and respected arbitrator that the simplest solution is often the best. Also, not be... 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
UNCLE OSWALD’S Q&A FORUM – APRIL 2021 THE ARBITRATION DEFENCE: S 6(1) OF THE ARBITRATION ACT AND THE COMMON LAW Dear Uncle Oswald A lively discussion ensued while I was staring at the glowing embers of a Sekelbos campfire with our mutual f... read more
ARBITRATION EDUCATION STATION – APRIL 2021 SPECIALISATION IN CONSTRUCTION LAW INTRODUCTION The Specialisation in Construction Law Course is a one-year distance learning course. It is intended for persons interested in gaining a better understanding ... 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
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
UNCLE OSWALD’S Q&A FORUM – AUGUST 2021 DECLARATORY HIGH COURT RELIEF DURING AN ONGOING ARBITRATION Dear Uncle Oswald My company is the supplier in terms of a tobacco leaf supply contract. We are involved, as the claimant, in an arbitrati... 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
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
ARBIRATION EDUCATION STATION – MARCH 2022 At the time of going to press the Association’s Faculty is a beehive of activity with new course enrollments and the finalisation of course material for the commencement of the 2022 academic year in... read more