TOOLS OF THE TRADE – DECEMBER 2022 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... 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
TOOLS OF THE TRADE – DECEMBER 2022 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 (... read more
CASE IN POINT – DECEMBER 2022 IS IT THE COURT OR THE ARBITRATOR WHO DECIDES THE VALIDITY OF AN ARBITRATION AGREEMENT? In the judgment of the Supreme Court of Appeal (SCA) of Canton Trading 17 (Pty) Ltd t/a Cube Architects v Fanti Bekker Hattingh NO[... 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
