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
Dear Uncle Oswald I hope that 2023 is treating you fairly. As usual, I again am in trouble with the law and I need your advice. The problem is this. As part of my road construction business, I own a quarry on the Free State platteland. To suppleme
The scenario Two parties, an organ of state on the one hand and a landowner on the other, submitted to arbitration a dispute concerning the amount of compensation to be paid to the landowner in terms of the Expropriation Act 63 of 1975, following the expr
INTRODUCTION Arbitration is an alternative private dispute resolution process which is governed by the Arbitration Act 42 of 1965 (the Act). If a party to a contract, which includes an agreement to arbitrate disputes, institutes legal proceedings, the Act
COURT REFUSES TO ENFORCE ADJUDICATOR’S DECISION DUE TO A BREACH OF NATURAL JUSTICE[1] [This article was first published as a Thomson Reuters Practical Law Construction Blog on 12 April 2022 by Jonathan Cope, and is now published here in its entirety wit
IRREGULARITY OF AWARDS GIVEN BY DEFAULT In The Greater Tzaneen Municipality (the Municipality) v Siphiwe Engineering and Technologies CC (Siphiwe) the court, sitting as a court of appeal (the court of appeal), had to consider the regularity or otherwise o
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
Dear Uncle Oswald It is me again, Frikkie the fearless contractor. I was at a site hand-over meeting yesterday where the clever guys discussed on-demand guarantees. One of the engineers was of the view that an on-demand guarantee always exists indepen
Is it the Court or the Arbitrator who decides the validity of an arbitration agreement? In the judgment of the Supreme Court of Appeal (SCA) of Canton Trading 17 (Pty) Ltd t/a Cube Architects v Fanti Bekker Hattingh NO[1] the SCA had to decide whether it
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
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
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
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
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
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
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
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
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
ALL THE BEST Dear Readers, It is that time of year. As my old friend Winston (the Churchill one) used to say: There are two types of tired. One requires rest and the other requires peace. Both require a wee dram of inebriant. Like now, the two typ
A new set of Rules for the Conduct of Arbitrations (2021 edition) (the 2021 Rules) was approved and adopted by the Association in October 2021. Professor David Butler’s introduction to 2021 Rules appears here, as does a link from which the 2021 Rules
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
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
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
SEQUEL TO ENFORCEABILITY OF ADJUDICATORS’ DECISIONS INTRODUCTION On 22 October 2021, a Bulletin entitled ‘When is an Adjudicator’s Decision Unenforceable?’ was published by me on Cox Yeats’s website. It dealt with the decision of the High Cour
Sharm Bauchoo is a Fellow of the Association since 2011 and was elected to the Board of Directors at the 2021 AGM. Sharm is a Member of the Association of South African Quantity Surveyors. He has also completed the Specialisation in Construction Law Cours
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
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
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
Is an appointed arbitrator entitled to unilaterally determine a referred dispute as an expert? Dear Uncle Oswald You might recall having advised me on the operation of section 6 (1) of the Arbitration Act 42 of 1965 in the April 2021 edition of Arbitraril
Sasol South Africa (Pty) Ltd v Murray & Roberts Limited 2021 JDR 1328 (SCA) INTRODUCTION AND FACTUAL BACKGROUND The parties The appellant is Sasol South Africa (Pty) Ltd (Sasol) and the respondent is Murray & Roberts Limited (M & R). Saso
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
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.
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
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
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
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
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
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
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
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
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
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
‘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
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.
Joint Venture between Aveng (Africa) (Pty) Ltd and Strabag International GmbH v South African National Roads Agency SOC Ltd and another [2019] 3 All SA 186 (GP) (Aveng-Strabag) INTRODUCTION AND FACTUAL BACKGROUND The parties Aveng (Africa) (Pty) Ltd
PROTOCOL ON REMOTE ARBITRATION HEARINGS (THE PROTOCOL) The Protocol is intended to serve as a guide to assist parties and arbitral tribunals with the preparation for and conducting of remote hearings in an ad hoc arbitration. The Protocol covers an arra
KZN BRANCH PRESENTATION On 30 March 2021 the KZN Branch of the Association put on a Mini Construction Conundrums presentation via the Zoom platform. The presenters were Alastair Hay, the branch chairman, and Richard Hoal, one of the branch committee membe
WESTERN CAPE BRANCH HOLD SUCCESSFUL “WORKSHOP” VIA ZOOM Workshop 29 April 2021, only some were on camera! The Association of Arbitrators has an active branch in the Western Cape which is chaired by Jonathan Mitchell. Prior to the COVID-19 pan
IN MEMORIAM Fergus Craig Blackie 18 July 1937 – 24 April 2021 On behalf of the Association, I wish to extend our heartfelt condolences to the family of Retired Judge Fergus Blackie who passed away on Saturday 24 April 2021 at the age of 84. We we
PASSING OF AN EMINENT FELLOW: KEMP J KEMP SC On 27 January 2021 Adv Kemp Jurgen Kemp SC passed away at the age of 69 despite having just fought off a serious bout of Covid-19 infection. He was born in Kirkwood, a small Eastern Cape village, and grew up
A TCC says Dr Hendry! Dear Sir, Dr Hendry concluded her informative and thought-provoking contribution in the April newsletter with two proposals. The first was the statutory establishment of a specialist court ‘to which [construction] industry partic
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
MEDIATION AND MEDIATION TRAINING – THE RESOLUTION REVOLUTION Over the years the Association of Arbitrators (Southern Africa) regularly joined forces with its long-standing friends at the Society of Mediators in London to provide our members with opportu
SPECIALISATION IN CONSTRUCTION LAW INTRODUCTION The Specialisation in Construction Law Course is a one-year distance learning course. It is intended for persons interested in gaining a better understanding of construction law in South Africa. Constructi
THE ARBITRATION DEFENCE: S 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
INTERESTING POINTS CONCERNING ADJUDICATIONS: THE RECENT JUDGMENT IN CONFACT CORE CONSTRUCTION CC V JLK CONSTRUCTION (PTY) LTD[1] Confact Core Construction CC (Confact), as sub-contractor, and JLK Construction (Pty) Ltd (JLK), as contractor, concluded a No
SHOULD ADJUDICATION DETERMINATIONS AND ARBITRATION AWARDS IN THE FIELDS OF BUILDING, CONSTRUCTION AND ENGINEERING LAW BE PUBLISHED?[1] THE QUESTION Why do employers and contractors in the building, construction and engineering industries (the construction
THE ROLE OF AN EXPERT WITNESS AND THE EVALUATION OF EXPERT EVIDENCE WHAT DOES THE EXPRESSION ‘EXPERT WITNESS’ MEAN? GENERAL The expression ‘expert witness’ is ordinarily used to refer to a witness whose opinions, and the reasons on which they are
TO SUPPORT OR NOT TO SUPPORT INTRODUCTION What duty of lateral support does a property owe to its neighbouring properties? Our law has from time immemorial imposed a duty of lateral support on properties with a concomitant right to lateral support in favo
AOA BREAKING NEWS By the time that this edition of Arbitrarily Speaking! appears on your screen, 2021 would be in full swing. The Association is a beehive of activity. Our academic activities and our virtual international mediation training courses ha
Best 2020 award writing students 2020 was an annus horribilis for everyone, including the students and faculty members of the Association. Mistakes were made and valuable lessons were learnt. However, as tutors and examiners for Module 4A Award Writ
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
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
What happens if an adjudicator does not adhere to the contractually prescribed time limits in terms of the NEC 3 engineering and construction contract? In this article, Adv Kiki Bailey, SC, examines the far-reaching consequences for contractual parties an
This regular column features interesting and informative case reports and judgments. This edition features an all-important judgment of the UK’s Supreme Court of Appeal in Halliburton Company v Chubb Bermuda Insurance Ltd [2020] UKSC 48, which
In this edition of Arbitrarily Speaking!, we share the Association’s fee discount policy that has been adopted and formulated to provide some financial relief to its members in the current economic climate. Association’s fee discount policy The Associ
This regular feature brings you all the latest news pertaining to all things arbitral. A summary of the JBCC publication: JBCC 2020 AND ALL THAT – A practical application by Prof MJ Maritz The construction contracting arena is especially fraught with ri
Thank you Mr Benti Czanik, Mr Tom McDonald and Mr Mike Rivarola for presenting this valuable workshop through the Association of Arbitrators Southern Africa NPC!
We are a team of devoted specialists who believe in the absolute value of arbitration. We take great pleasure in introducing you to our board members in our e-periodicals. In this edition, we invite you to become better acquainted with two new board
This regular column features interesting and informative case reports and judgments. In this addition, we’re pleased to share an analysis of the Supreme Court of Appeal’s recent judgment in Namasthethu Electrical (Pty) Ltd v City of Cape Town an
In the fourth and final essay of her series on critical thinking and logical reasoning skills, Ms Breitenbach delves into the application of these crucial competences in the complex process of award writing. How to test and improve the quality of critical
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
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 Fellow of the Association of Arbitrators (Southern Africa) NPC and a member of
We’re a team of devoted specialists who believe in the absolute value of arbitration. We take great pleasure in introducing you to our Board members in our e-periodicals. In this edition, we invite you to become better acquainted with Mr Armando Aguiar
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 Fellow of the Association of Arbitrators (Southern Africa) NPC and a member of
This regular feature brings you all the latest news pertaining to all things arbitral. Virtual modus operandi heralds 40th AGM The Association’s 40th AGM For the first time in 40 years, the Association was prevented from having its AGM and gala dinner i
This regular column features interesting and informative case reports and judgments. We invite you to add to our growing collection of case reports but, for now, we’re pleased to share two case analyses with you: Ekurhuleni West College and Zikhulise. F
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
Since its inception the Association has promoted the greater use of arbitration as a means of resolving disputes. It is able to appoint competent and experienced arbitrators, as well as other specialists in alternative dispute resolution (ADR). &nbs
Ms Maritza Breitenbach holds a Bachelor of Science degree (cum laude), a Teaching Diploma and a Certificate in Small Business Management (magna cum laude), all from North-West University (NWU). She also completed a Master’s degree (Philosophy in B
Advocate Eric Dunn, SC, is the editor of this e-periodical. Eric is a member of the Rivonia Group of Advocates and a senior member of the Johannesburg Bar. He is a Fellow of the Association of Arbitrators (Southern Africa) NPC and a member of
A fond farewell to a doyen of the construction industry Mr Frank Crowley was born in Ireland on 29 January 1945 and obtained a Bachelor of Engineering degree from the University of Ireland in Cork in 1967. He subsequently immigrated to South Africa
We’re a team of devoted specialists who believe in the absolute value of arbitration. We take great pleasure in introducing you to our board members in our e-periodicals. In this edition, we invite you to become better acquainted with Messrs Mark Hamilt
Erratum In the last e-periodical (May 2020) of Arbitrarily Speaking, the Zamani[1] case was twice erroneously referred to as a judgment of the Supreme Court of Appeal (SCA). It was in fact a judgment of the High Court of South Africa (Gauteng Local
Ms Maritza Breitenbach holds a Bachelor of Science degree (cum laude), a Teaching Diploma and a Certificate in Small Business Management (magna cum laude), all from North-West University (NWU). She also completed a Master’s degree (Philosophy in Biome
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
Course modules As an associate member, you’ll always be in good company with a professional network of legal practitioners (attorneys, advocates and other legally qualified persons), members of the construction industry (architects, quantity surveyors,
The publication of this edition of Arbitrarily Speaking in May 2020 takes place in an unprecedented global setting caused by the outbreak of coronavirus disease 2019
Course modulesAs an associate member, you’ll always be in good company with a professional network of legal practitioners (attorneys, advocates and other legally qualified persons), members of the construction industry (architects, quantity surveyors, c
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
The Elements of Logical Reasoning Ms Maritza Breitenbach holds a Bachelor of Science degree (cum laude), a Teaching Diploma and a Certificate in Small Business Management (magna cum laude), all from North-West University (NWU). She also completed a Master
This regular column features interesting and informative case reports and judgments. We invite you to add to our growing collection of case reports but, for now, we’re pleased to share with you the Zamani case analysis. Zamani case analysis – Judgment
THE 2019 CIArb PRESIDENT’S PRIZE The Chartered Institute of Arbitrators (the CIArb), based in London, annually invites its Recognised Course Providers (RCPs) from around the globe to enter their best Module 4 arbitral award-writing students to be consid
We’re a team of devoted specialists who believe in the absolute value of arbitration. Mr Chris Binnington is a registered Professional Engineer who, from 1997 until 2010, served as Chairman of the Association of Arbitrators (Southern Africa) NPC. He
This article was prepared by Mr Uwe Putlitz in his personal capacity. The opinions expressed therein do not reflect the views of the Association of Arbitrators (Southern Africa) NPC. Click here to download the article.
Effects of COVID-19 in the ambit of the SAICE GCC Contracts Over the past months, the worldwide COVID-19 pandemic has affected many South African economic sectors. The South African construction industry is one of the industries which is severely affected
Congratulations in order in KZN! Mr Steve Poorter, a Fellow of the Association of Arbitrators (Southern Africa) NPC, and a committee member of its Kwazulu-Natal branch, presents a construction law module at the University of Kwazulu-Natal, Durban. This mo
INTRODUCING MEMBERS OF OUR BOARD OF DIRECTORS Our other Board members will be introduced in the next publication of this bimonthly periodical. Advocate Des Mahoney is a chartered accountant with over 25 years’ experience across the financial, tourism an
Termico case analysis – Judgment of the Supreme Court of Appeal Termico (Pty) Ltd v SPX Technologies (Pty) Ltd & others; SPX Technologies (Pty) Ltd v Termico (Pty) Ltd (418/2018) [2019] ZASCA 109 The background This judgment of the Supreme Court of
The abuse of the process for disclosure of documents has long been identified as one of the causes of excessive delay and unnecessary expense in arbitration proceedings, particularly in countries like South Africa with a “common-law” procedural tradit
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
As an associate member, you’ll be in good company with a professional network of legal practitioners (attorneys, advocates and other legally qualified persons), members of the construction industry (architects, quantity surveyors, claims consultants, en
The publication of this March edition of Arbitrarily Speaking coincides with the hosting of a major event in Sandton, namely Johannesburg Arbitration Week. This event is scheduled to be held from 17 to 19 March 2020 at the Maslow Convention Centre on Rivo
We’d like to warmly thank Mr Alistair Hay for sharing these compelling case reports with us. Mr Alastair Hay is an admitted attorney and a senior partner at Cox Yeats Attorneys. He is a Notary Public, holds a certificate in tax (UKZN), and invests his t
We’re a team of devoted specialists who believe in the absolute value of arbitration. Introducing the Chairperson and Vice-Chairperson of the Board of Directors Our other board members will be introduced in the next publication of this bimonthly p
Co-chairs of the Arb40 Subcommittee of the IBA, Angeline Welsh and Swee Yen Koh, celebrate the fact that the “young arbitration community is thriving. Every major arbitral institution or organisation has a young arbitration practitioner group actively c
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
We offer a wide range of correspondence courses to new and existing members. By registering with the Association, you’ll become an Associate Member and join a like-minded group of professionals who consider arbitration a positive alternative procedure f
Advocate Eric Dunn SC was appointed by the Association as the editor of this e-periodical. Eric is a member of the Rivonia Group of Advocates and a senior member of the Johannesburg Bar. He is a Fellow of the Association of Arbitrators (Southern Afr
The Association of Arbitrators (Southern Africa) NPC constantly strives to maintain the highest standards of international arbitral best practice. We therefore implemented a new set of Standard Procedure Arbitration Rules (incorporating the Restricted Rep
Download the Answers to the questions addressed by Adv Tjaart van der Walt SC at our Ask Experienced Practitioners! workshop held on 3 March 2018.
The Association of Arbitrators is enormously thankful to the Experienced Practitioner panelists, and attendees, at the Ask Experienced Practitioners! workshop held on Saturday, 3 March 2018. Without their valuable support, input, especially their knowle
Questions and Answers Panel Session Background: Do you have industry-specific questions but nobody to turn to for answers? Maybe you feel you should already know the answers and therefore feel hesitant to ask. Or maybe you do not know who to approac
The Association of Arbitrators has an available position for a skilled Bookkeeper and Member Management Controller, at its Sandton Head Office. The position is available immediately. For more details about this position, refer to Job Description. Inter
We are deeply shocked and heartbroken to announce the untimely death of our precious member, Ivor Evans, on Tuesday 8 August 2017. He made a huge impact on many lives with his leadership, knowledge, mentorship, passion and awesome sense of humor. His impe
The Association welcomes JLL Africa (JLL), a Fortune 500 company, as a collaborating partner. JLL has chosen the Association as its dispute Nominating Body, recorded in its ‘Complaint Resolution Procedure of Jones Lang LaSalle Pty (LTD)’. JLL is a p
Thank you to Prof Butler, our Board Members, all who attended and our super staff for making this an extremely successful evening.
The book contains: A clause by clause review of the 3 JBCC 2014 Agreements and related Contract Data, plus the MBSA 2014 Domestic Subcontract Agreement; Copies of all these documents; Possible solutions to problems related to various clauses; Flow charts
Thank you to all who attended our 2017 AGM and dinner, to our Board of Directors who give of their time and skills, and especially to our awesome staff (Happiness, Raquel, Mandisa and Nombu). You all made this AGM (Rochelle’s first at the Associat
Hangwani Lidzhegu spent 16 hours with us on 1 and 2 December 2016. Thank you to Happiness, our Office Co-ordinator and Assistant, for attending to Hangwani and making her feel welcome. Hangwani, with her beautiful smile, was a pleasure, eag
Broadcast live to approximately 184 computers around the country, the Association of Arbitrators – Construction Conundrums Webinar is now available for you to view here on the CCN Portal. Presented by Alastair Hay (chairman of the KZN Branch of the
The Association of Arbitrators will be implementing a new set of Rules in 2013. These new Standard Procedure Rules are closely based on the latest UNCITRAL Arbitration Rules (2010) with suitable amendments having been made to facilitate the application
It may be of interest to members and those seeking to become members that two new sets of codes of conduct have been released by international arbitration organisations.