TOOLS OF THE TRADE – JUNE 2024 RECUSAL OF AN ADJUDICATOR OR ARBITRATOR Introduction When an adjudicator or an arbitrator is requested to recuse himself or herself, the request will normally be made by one of the parties. Obviously if both parties ... read more
CASE IN POINT – JUNE 2024 DOES AN ARBITRATOR HAVE THE DISCRETIONARY POWER TO DECIDE A DISPUTE WHICH HAS NOT BEEN PLEADED? In the case of Close-Up Mining (Pty) Ltd and Others v The Arbitrator, Judge Phillip Boruchowitz and Another,[1] the Supreme Cou... read more
FROM THE EDITOR’S PEN – DECEMBER 2023 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 ... read more
TOOLS OF THE TRADE – DECEMBER 2023 CLIMATE CHANGE AND ITS EFFECT ON CONSTRUCTION CONTRACTS AND DISPUTES[1] Introduction The construction sector is growing at unprecedented rates. It is estimated that during the next forty years, 230 billion square... read more
TOOLS OF THE TRADE – DECEMBER 2023 DUTY TO SUPERVISE PROPERLY Introduction What is the ambit of the duty of the employer’s agent (EA) to supervise the execution of construction works? What are the consequences of a failure to do so properly? The... read more
