CASE IN POINT – NOVEMBER 2020 This regular column features interesting and informative case reports and judgments. In this addition, we’re pleased to share an analysis of the Supreme Court of Appeal’s recent judgment in Namasthethu Electrical ... 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
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
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
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
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 – 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 – MARCH 2022 INTERNATIONAL ARBITRATION WAIVER OF THE RIGHT TO REVIEW AN ARBITRATION AWARD by Cassie Badenhorst SC and Penny Bosman[1] Introduction Arbitration, particularly in the context of legal disputes between parties in dif... read more
TOOLS OF THE TRADE – DECEMBER 2022 TIMING – LEX COMMISSORIA CANCELLATION SUMMARY This article considers the timing of a cancellation invoked in terms of a lex commissoria clause and the affect which the issue of an intervening negative payment... 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