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... read more
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... 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
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... read more
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 ... read more
‘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... read more
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.... read more
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 ... read more
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... read more
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... read more
