CASE IN POINT – JUNE 2024 DOES AN ARBITRATOR HAVE THE DISCRETIONARY POWER TO DECIDE A DISPUTE WHICH HAS NOT BEEN PLEADED? In the case of Close-Up Mining (Pty) Ltd and Others v The Arbitrator, Judge Phillip Boruchowitz and Another,[1] the Supreme Cou... read more
TOOLS OF THE TRADE – JUNE 2024 RECUSAL OF AN ADJUDICATOR OR ARBITRATOR Introduction When an adjudicator or an arbitrator is requested to recuse himself or herself, the request will normally be made by one of the parties. Obviously if both parties ... read more
TOOLS OF THE TRADE – JUNE 2024 ADJUDICATORS MUST PAY CAREFUL ATTENTION WHEN DRAFTING THEIR DETERMINATIONS Adjudication is the primary dispute resolution process in many standard-form contracts.[1] Although not regulated by statute in South Africa,... read more
TOOLS OF THE TRADE – JUNE 2024 CHALLENGING AN ARBITRATION AWARD ON THE GROUNDS OF SERIOUS IRREGULARITY – LESSONS FROM THE UK Introduction This tale is about two Irish businessmen who came ever so close to striking it very rich in Nigeria. Mr Mi... read more
TOOLS OF THE TRADE – JUNE 2024 FIDIC GOLDEN PRINCIPLES: THEY APPLY TO ALL CONSTRUCTION CONTRACTS! Introduction In 2017, the Fédération Internationale des Ingénieurs-Conseils or, more commonly known as, the International Federation of Consulting E... read more
CASE IN POINT – OCTOBER 2025 IN THE CONTEXT OF THE SPIRIT, PURPORT AND OBJECTS OF THE BILL OF RIGHTS, IS AN APPEAL AGAINST AN ARBITRAL AWARD TO THE HIGH COURT OF SOUTH AFRICA PERMISSIBLE? In the judgment of Level Seven Restaurant (Pty) Ltd t/a Level... read more
CASE IN POINT – OCTOBER 2025 ACCOUNTABILITY AT LAST Introduction The court reports are replete with cases involving unlawful tender awards and concomitant irregular expenditure on the part of government entities. Although not often proven, many of t... read more
CASE IN POINT – OCTOBER 2025 PRIMACY OF ARBITRATION AFFIRMED Introduction The Supreme Court of Appeal (SCA) recently reaffirmed the binding nature of arbitration clauses in commercial contracts.[1] Background In September 2017 Kalagadi Manganese (Pt... read more
TOOLS OF THE TRADE – OCTOBER 2025 CONTRACTORS AND EMPLOYERS BEWARE – A SYNOPTICAL GUIDE OF THE DO’S AND DONT’S IN ADJUDICATIONS Even though adjudication, as an alternative dispute resolution (ADR) process, has been with us in South... read more
TOOLS OF THE TRADE – OCTOBER 2025 FOR CONSTRUCTION ARBITRATORS AND ADJUDICATORS: WILL AI TOOLS HELP OR HINDER THE DECISION-MAKING PROCESS? Artificial Intelligence (AI) is no longer an abstract concept confined to research labs or the preserve of Sil... read more