Having dispensed invaluable advice over the course of the past year, Uncle Oswald was reminded that an overview of the topics he discussed would be of great value to the readers of his Q&A forum.  He has happily obliged us with a quick reference guide to the pearls of wisdom he doled out in 2020.  In this, the final e-periodical of the year, Uncle Oswald furnishes sound advice to Ms Penny Pincher on the steps she ought to take to enforce a foreign arbitral award granted in her favour.

Send your questions to our General Manager, Rochelle Appleton, at rochelle@arbitrators.co.za.  She will gladly share your questions with Uncle Oswald and ensure you receive his sage advice on your arbitration queries.

A quick reference guide

Seeing that this will be the last edition of my Q&A forum for 2020, Ms Rochelle Appleton, the Association’s General Manager, reminded me that several of our readers have requested a quick reference guide to the topics covered on this forum during 2020.  As usual, I stood amazed at what technology can achieve.  Such a reference guide would have taken ages on my battered 1952 Remington typewriter.  However, with the touch of a button, Rochelle kindly compiled the following reference guide.  I hope that this is of use.  Our readers are again invited to air their views on any of the topics.  They will always remain relevant and there will always be value in different opinions.   A click on any of the topics below will take you directly to the relevant edition and page of ‘Arbitrarily Speaking’:

January 2020

  • Why not to apply the High Court rules to arbitral proceedings.
  • Waiving the provisions of section 20 of the Arbitration Act, No. 42 of 1965 for purposes of questions of law arising in arbitral proceedings.

March 2020

  • An arbitrator’s discretion not to apply the ordinary rules of evidence and the judgment in Dexgroup (Pty) Ltd v Trustco Group International and Others [2014] 1 All SA 375 (SCA).
  • An arbitrator’s right to exercise a lien over publication of his award, pending payment of his fees.

May 2020

  • Is an award granting absolution of the instance in compliance with section 28 of the Arbitration Act, No. 42 of 1965?
  • A proposed agenda for purposes of a preliminary arbitration meeting.

July 2020

  • The relevance of High Court rule 53(1)(b) to an arbitral award review under section 33 of the Arbitration Act, No. 42 of 1965 and, more particularly, an arbitrator’s notes.

September 2020

  • The controversial Hollington Rule.

November 2020

  • The recognition and enforcement of foreign arbitral awards in South Africa.

Enforcement of a foreign arbitral award

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