FROM THE EDITOR’S PEN – SEPTEMBER 2020 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 Fellow of the Association of Arbitrat... 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
CASE IN POINT – DECEMBER 2023 THE ENFORCEMENT OF ADJUDICATORS’ DECISIONS BY THE COURTS[1] The Supreme Court of Appeal (SCA) on 12 June 2023 handed down a very important judgment concerning the enforcement of decisions by adjudicators. Two import... 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 1. The Constitutional Court (CC) recently had occasion to pronounce on the ambit of s 12B (4) (a) of th... read more
TOOLS OF THE TRADE – JUNE 2024 RECUSAL OF AN ADJUDICATOR OR ARBITRATOR Introduction When an adjudicator or an arbitrator is requested to recuse himself or herself, the request will normally be made by one of the parties. Obviously if both parties ... read more