‘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
CONSTITUTIONAL CHALLENGE TO THE ADJUDICATION PROCEDURE Zingwazi Contractors CC v Eastern Cape Development of Human Settlements and Others [2021] ZAECGHC 50 (11 May 2021) (the judgment) Zingwazi Contractors CC (Zingwazi Contractors) applied to the High Co... read more
CODE OF ETHICS PRACTICAL APPLICATION: PRUDENCE (ESSAY 2 OF 4)[1] Introduction We established in the previous introductory essay on Code of Ethics – Practical Application[2] that virtues are attitudes, dispositions, or character traits that enable us... read more
Will a court refuse to enforce an arbitrator’s award if it considers it wrong? In terms of section 31 (1) of the Arbitration Act 42 of 1965 (the Act), the arbitrator’s award in a domestic arbitration may be made an order of court. This subsection rea... read more
Code of Ethics practical application: Fortitude (Essay 3 of 4)[1] Introduction The types of conduct, duties and responsibilities expected of arbitrators are listed in the Association of Arbitrators (Southern Africa) NPC’s Code of Ethics (the Code). It... read more
Adjudicator’s jurisdictional powers to award costs Adjudicators normally have very limited, if any, power to decide on the liability for costs of adjudication proceedings. For instance, in the case of adjudications arising out of JBCC Principal Building... read more
CODE OF ETHICS PRACTICAL APPLICATION: JUSTICE (ESSAY 4 OF 4) Introduction In this final essay of the four-part series on the Practical application of ethics[1] we conclude with a discussion on justice. Justice, most commonly known as fairness, is the al... read more
ENSafrica Construction ENSurance recent influential court decisions and what they may mean for your business Introduction We are delighted to present you with this booklet on Construction Insurance topics with reference to judicial decisions made in 2019 ... read more