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
by Avi-Nash Sukuram Citius, altius, fortius – Faster, higher, stronger. An Olympian motto; Precedent for ADR. At day’s break, Lions and gazelles, guised as friends. With kid gloves they spar, Neither prepared for a knockout blow. Ten rounds we must en... read more
The GCC 2015 is being revised.  Any contributions by users are welcome. Send to: SAICE Contractual Affairs Subcommittee, benti@saice.org.za Original article: Civil Engineering Magazine, August 2021, click here.Â
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
Please download Ms Adine Abro’s résumé here.
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.Â... read more
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... read more
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... read more
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... read more
