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
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
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... read more
Barry Michael Jammy 16 January 1932 – 11 November 2021 Barry Michael Jammy passed away on 11 November after suffering a fall at his home. With his passing we lose a friend, a colleague, loving husband to his wife of 64 years, Eve, and father to three ... read more
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... read more
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
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
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
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... read more
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... read more
