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 proceedings which were instituted prior to the c... read more
An esteemed Life Fellow of the Association, advocate Patrick Lane SC, recently published the following scholarly article in The International Construction Law Review. The article is hereby reproduced with the kind permission of Patrick Lane SC and The Int... read more
INTERNATIONAL ARBITRATION WAIVER OF THE RIGHT TO REVIEW AN ARBITRATION AWARD by Cassie Badenhorst S.C. and Penny Bosman[1] Introduction Arbitration, particularly in the context of legal disputes between parties in different countries, is the dispute res... read more
Chris Binnington is a director of the Association of Arbitrators (Southern Africa (NPC) and a Life Fellow of the Association of Arbitrators. He was, from 1997 to 2010, the Chairman of the Association, and is widely regarded as one of the most experienced ... read more
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 certificate (i.e., money certified as be... read more
Comments on the Jurisdiction of Arbitrators INTRODUCTION Arbitration is governed in our statute law[1] by the Arbitration Act (the Act)[2] in respect of domestic arbitrations and the International Arbitration Act (the IAA)[3] in respect of international a... read more
COURT REFUSES TO ENFORCE ADJUDICATOR’S DECISION DUE TO A BREACH OF NATURAL JUSTICE[1] [This article was first published as a Thomson Reuters Practical Law Construction Blog on 12 April 2022 by Jonathan Cope, and is now published here in its entirety wit... read more
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 includes an agreement to arbitrate disputes, institutes legal proceedings, the Act... read more
The scenario Two parties, an organ of state on the one hand and a landowner on the other, submitted to arbitration a dispute concerning the amount of compensation to be paid to the landowner in terms of the Expropriation Act 63 of 1975, following the expr... 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