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 Board of the Association of Arbitrators (Southern Africa) NPC is pleased to announce that Judge Malcolm Wallis has accepted an invitation to become an Honorary Fellow of the Association. Judge Wallis was born in Durban and studied at the University of... read more
THE PLEA OF LIS ALIBI PENDENS IN ADJUDICATIONS The defence or plea of lis alibi pendens is sometimes encountered in adjudication proceedings. This defence is raised in circumstances where there may be legal proceedings which were instituted prior to the c... read more
An esteemed Life Fellow of the Association, advocate Patrick Lane SC, recently published the following scholarly article in The International Construction Law Review. The article is hereby reproduced with the kind permission of Patrick Lane SC and The Int... read more
INTERNATIONAL ARBITRATION WAIVER OF THE RIGHT TO REVIEW AN ARBITRATION AWARD by Cassie Badenhorst S.C. and Penny Bosman[1] Introduction Arbitration, particularly in the context of legal disputes between parties in different countries, is the dispute res... read more
At the time of going to press the Association’s Faculty is a beehive of activity with new course enrollments and the finalisation of course material for the commencement of the 2022 academic year in March. The Association will this year continue prese... read more
Advocate Cassie Badenhorst SC is the acting editor of this e-periodical for the duration of Eric Dunn SC’s temporary absence. Cassie is a member of the Maisels Group of Advocates, a senior member of the Johannesburg Society of Advocates, a long serving ... read more
Chris Binnington is a director of the Association of Arbitrators (Southern Africa (NPC) and a Life Fellow of the Association of Arbitrators. He was, from 1997 to 2010, the Chairman of the Association, and is widely regarded as one of the most experienced ... read more
TIMING – LEX COMMISSORIA CANCELLATION SUMMARY This article considers the timing of a cancellation invoked in terms of a lex commissoria clause and the affect which the issue of an intervening negative payment certificate (i.e., money certified as be... read more
Comments on the Jurisdiction of Arbitrators INTRODUCTION Arbitration is governed in our statute law[1] by the Arbitration Act (the Act)[2] in respect of domestic arbitrations and the International Arbitration Act (the IAA)[3] in respect of international a... read more