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 Arbitrators (Southern Africa) NPC, as well as a... read more
CLIMATE CHANGE AND ITS EFFECT ON CONSTRUCTION CONTRACTS AND DISPUTES[1] INTRODUCTION The construction sector is growing at unprecedented rates. It is estimated that during the next forty years, 230 billion square meters of new infrastructure will be bui... read more
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 extent of the duty will be set out in th... read more
PIPPED AT THE POST?[1] (the pitfall of instituting a claim in the wrong forum and how this relates to the relevant arbitration clause and underlying agreement) Introduction As a result of court backlogs and delays, and the public nature of court hearings,... read more
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 Petroleum Products Act 120 of 1977 (the ... read more
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 arose out of a disagreement between the emplo... read more
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 important questions were considered, namel... read more
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 set of Rules for approval by the Board. The updated Rules were submitted to... read more
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 Arbitrators (Southern Africa) NPC, as well as a... read more
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 own a quarry on the Free State platteland. To suppleme... read more