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Author Archives: Leandré Jacobs

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A Case in Point – June 2024

  • June 28, 2024
  • Leandré Jacobs
  • A Case in Point, Blog

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 – Chris Binnington’s ‘Recusal of an Adjudicator or Arbitrator’ – June 2024

  • June 28, 2024
  • Leandré Jacobs
  • Blog, Tools of the Trade

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 – Brad Boertje’s ‘Adjudicators must pay Careful Attention when Drafting their Determinations’ – June 2024

  • June 28, 2024
  • Leandré Jacobs
  • Blog, Tools of the Trade

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 – Alastair Hay’s ‘Challenging an Arbitration Award on the Grounds of Serious Irregularity’ – June 2024

  • June 28, 2024
  • Leandré Jacobs
  • Blog, Tools of the Trade

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 – Kevin Spence’s ‘FIDIC Golden Principles They Apply to All Construction Contracts’ – June 2024

  • June 28, 2024
  • Leandré Jacobs
  • Blog, Tools of the Trade

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

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