Yes, he’s back! Our irascible retired arbitrator is sitting idle on his veranda, smoking his pipe, awaiting your questions on ADR practice. Many years ago, when he did his articles with Hugo de Groot, Voet and Partners, he faced the same ADR issues that... read more
He said, she said… hoping to hear about ‘hearsay’ evidence Dear Uncle Oswald I am a retired magistrate, now enjoying my golden years accepting the odd appointment as arbitrator. At present, I am dealing with a construction dispute where the party re... read more
Uncle Oswald, our resident know-it-all retired arbitrator, is sitting idle on his veranda smoking his pipe, awaiting your questions relating to ADR practice. Many years ago, when he did his articles with Hugo de Groot, Voet and Partners, he had the same A... read more
It may be mid-winter, yet our learned retired arbitrator remains high-spirited and warm as he keeps abreast of ADR case law in his suntrap of a study. Uncle Oswald, content as only the wise are, is drinking in the sunshine and enjoying a steaming cu... read more
In this edition, our retired resident arbitrator graciously accepts an admonitory remark from a pre-eminent jurist and respected arbitrator that the simplest solution is often the best. Also, not being someone to flout established legal principle, Uncle O... read more
Having dispensed invaluable advice over the course of the past year, Uncle Oswald was reminded that an overview of the topics he discussed would be of great value to the readers of his Q&A forum. He has happily obliged us with a quick reference ... read more
Following a restful December holiday, our retired arbitrator shares his priceless insights on the consequences of defective arbitration clauses, as well as the minimum requirements for a properly drafted one. Send your questions to our General Manager, Ro... read more
THE ARBITRATION DEFENCE: SÂ 6(1) OF THE ARBITRATION ACT AND THE COMMON LAW Dear Uncle Oswald A lively discussion ensued while I was staring at the glowing embers of a Sekelbos campfire with our mutual friend, Fearless Frikkie, licking Karoo lamb fat from ... 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
DECLARATORY HIGH COURT RELIEF DURING AN ONGOING ARBITRATION Dear Uncle Oswald My company is the supplier in terms of a tobacco leaf supply contract. We are involved, as the claimant, in an arbitration against a cigarette manufacturer as the respondent.Â... read more