TOOLS OF THE TRADE – AUGUST 2021 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, dispositi... read more
TOOLS OF THE TRADE – OCTOBER 2021 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... read more
TOOLS OF THE TRADE – OCTOBER 2021 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)... read more
TOOLS OF THE TRADE – DECEMBER 2021 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 adjudic... read more
TOOLS OF THE TRADE – DECEMBER 2021 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, m... read more
