CAN AN ARBITRATOR RESIGN? Introduction 1. Notwithstanding how careful an arbitrator may be upon acceptance of his or her appointment to decide a reference, circumstances may arise later on in the case that may prompt an arbitrator to consider resignation.... read more
‘UNCONSCIONABILITY’: TO WHAT EXTENT DOES IT, OR CAN IT, CONSTITUTE A DEFENCE IN SOUTH AFRICAN LAW TO A PARTY’S ABILITY TO MAKE A CALL FOR PAYMENT UNDER AN ON-DEMAND GUARANTEE? On-demand performance bonds are instruments commonly used in construction... read more
THE DISTINCTION BETWEEN THE JURISDICTION OF THE ARBITRAL TRIBUNAL AND THE ADMISSIBILITY OF A CLAIM IN THE LAW OF ENGLAND AND SINGAPORE – IS SUCH A DEVELOPMENT NECESSARY IN SOUTH AFRICAN ARBITRATION LAW? Introduction The decision by the Supreme Court of ... read more
CODE OF ETHICS PRACTICAL APPLICATION: INTRODUCTION (PART 1 OF 4)[1] Background During our previous series on Critical Thinking and Logical Reasoning[2] we examined and maintained that awards must be accurate, relevant, precise, clear, free of logical flaw... read more
Dear Uncle Oswald As arbitrator I recently had to rule on a challenge to my jurisdiction. I have published my ruling. As a matter of interest, and for the benefit of my fellow ADR practitioners, my question to you is: How would you have ruled on the f... read more
AN EYE-OPENING ADVENTURE WITH THE SOCIETY OF MEDIATORS (LONDON) Towards the end of March this year, for a period of five days from 22 to 26 March 2021, I – together with sixteen (16) other fellow students from South Africa, Namibia and the United Ki... read more
ASSESSMENT OF LECTURES HOSTED BY THE ASSOCIATION OF ARBITRATORS (SOUTHERN AFRICA) Introduction 1. The Association recently, on 18 March 2021, 22 April 2021 and 6 May 2021, respectively, hosted lectures remotely, via The first lecture was on Remote Arbitra... read more
Advocate Eric Dunn SC is the editor of this e-periodical. Eric is a member of the Maisels Group of Advocates and a senior member of the Johannesburg Bar. He is a director and Fellow of the Association of Arbitrators (Southern Africa) NPC, as well as a... read more
THE SOUTH AFRICAN INSTITUTION OF CIVIL ENGINEERING (“SAICE”) ASSOCIATION OF ARBITRATORS (SOUTHERN AFRICA) NPC (“AoA”) CO-OPERATION AGREEMENT BETWEEN AOA AND SAICE The Association of Arbitrators has enjoyed a long period of informal co-opera... read more
Joint Venture between Aveng (Africa) (Pty) Ltd and Strabag International GmbH v South African National Roads Agency SOC Ltd and another 2021 (2) SA 137 (SCA) (Aveng-Strabag-SCA) INTRODUCTION AND BACKGROUND This judgment by the Supreme Court of Appeal (SC... read more