FROM THE EDITOR’s PEN ‘… the creation of powerful artificial intelligence will be “either the best, or the worst thing, ever to happen to humanity”’[1] – Stephen Hawking The rapidity of technologies powered by artificial intelligence (AI
ABOUT COURT-ANNEXED MEDIATION As the oldest Alternative Dispute Resolution (ADR) organisation in Southern Africa since 1979, the Association of Arbitrators (Southern Africa) NPC (the Association) has always recognised the importance of mediation in disput
THE DISPUTE RESOLUTION BOARD FOUNDATION’S MANUAL: A GUIDE TO BEST PRACTICES AND PROCEDURES The Dispute Resolution Board Foundation (DRBF) held its Annual International Conference at the Radisson Blu Hotel in Cape Town from 14 to 16 May 2025. The confere
SOCIETY OF CONSTRUCTION ARBITRATOR’S CONFERENCE CLIFTON BRISTOL 2-5 MAY 2025 ZANDILE NDLOVU FAArb, PrPM (PMI), PrEng (ECSA) I had the opportunity of attending and presenting at the Society of Construction Arbitrator’s annual conference in Clifton
The Secret Tender: A Technique in Arbitration Introduction The nature of disputes: There is an inherent risk in all litigation, and for that matter in all forms of Alternate Dispute Resolution (ADR) too. There is no such thing as a ‘slam dunk’ in disp
For Construction Arbitrators and Adjudicators: Will AI Tools Help or Hinder the Decision-Making Process? Artificial Intelligence (AI) is no longer an abstract concept confined to research labs or the preserve of Silicon Valley start-ups. It is here, evolv
CONTRACTORS AND EMPLOYERS BEWARE – A SYNOPTICAL GUIDE OF THE DO’S AND DONT’S IN ADJUDICATIONS Even though adjudication, as an alternative dispute resolution (ADR) process, has been with us in South Africa since 1996 when ESKOM introduced the NEC fo
PRIMACY OF ARBITRATION AFFIRMED Introduction The Supreme Court of Appeal (SCA) recently reaffirmed the binding nature of arbitration clauses in commercial contracts.[1] Background In September 2017 Kalagadi Manganese (Pty) Ltd (Kalagadi) entered into a se
ACCOUNTABILITY AT LAST Introduction The court reports are replete with cases involving unlawful tender awards and concomitant irregular expenditure on the part of government entities. Although not often proven, many of these cases perfume the air with a s
In the context of the spirit, purport and objects of the Bill of Rights, is an appeal against an arbitral award to the High Court of South Africa permissible? In the judgment of Level Seven Restaurant (Pty) Ltd t/a Level Seven v Signature Restaurant Group
CONSTRUCTION CONUNDRUMS(30 October 2025) Join the Association of Arbitrators (Southern Africa) NPC for this popular not-to-be-missed workshop, presented by our KwaZulu-Natal regional committee, in-person or online. 5 Key Topics Consultants’ fee claims
5-DAY ONLINE FOUNDATION MEDIATION COURSE DUE TO POPULAR DEMAND, OUR 2025 5-DAY (40-HOUR) ONLINE FOUNDATION MEDIATION COURSES ARE FULLY BOOKED.PLEASE WATCH FOR OUR 2026 COURSE DATES. Join the Association of Arbitrators (Southern Africa) NPC[1], in partners
DEMYSTIFYING AI: PRACTICAL TOOLS, PROMPTS AND BEST PRACTICES FOR PROFESSIONALS (9 October 2025) Join the Association of Arbitrators (Southern Africa) NPC for the 4th webinar, presented by Mr Carel du Toit from Mint Group, in a series as part of the Assoc
5-DAY ONLINE FOUNDATION MEDIATION COURSE Join the Association of Arbitrators (Southern Africa) NPC[1], in partnership with the leading London mediation training charity The Society of Mediators, to receive foundational mediation training accredited by the
CONSTRUCTION INSURANCE (4 September 2025) Understanding construction insurance and its legal implications is critical to managing risk effectively. Strengthen your understanding of the intersection between construction insurance and construction law i
HOW AI PLATFORMS CAN ENHANCE YOUR ADR PREP (28 August 2025) Join the Association of Arbitrators (Southern Africa) NPC for the 3rd webinar, presented by Mr Stephen Dowling SC from TrialView, in a series as part of the Association’s ongoing mission to pro
STREAMLINING AND ACCELERATING WORKFLOWS IN ARBITRATION IN THE AGE OF AI(7 August 2025) Join the Association of Arbitrators (Southern Africa) NPC for the 2nd webinar, presented by Mr Ben Firth from Thomson Reuters, in a series as part of the Association
USE OF TECHNOLOGY AND AI IN CONSTRUCTION – A DELAY EXPERT’S PERSPECTIVE(14 July 2025) Join the Association of Arbitrators (Southern Africa) NPC for the 1st webinar, presented by Ilke Şahin Goler from Elixa Experts, in a series as part of th
CERTIFICATION, LIMITATION AND PRESCRIPTION: A COMPARATIVE ANALYSIS OF LEGAL FRAMEWORKS IN THE UK AND SOUTH AFRICA (30 July 2025) Join the Association of Arbitrators (Southern Africa) NPC, in collaboration with the Society of Construction Arbitrators, for
5-DAY ONLINE FOUNDATION MEDIATION COURSE NOTE: Due to popular demand, our 5-Day (40-hour) Online Foundation Mediation Course, scheduled for 21 to 25 July 2025, is fully booked. However, our mediation partner, The Society of Mediators (UK), has kindly of
GUIDELINES ON THE USE OF ARTIFICIAL INTELLIGENCE (“AI”) IN ARBITRATIONS AND ADJUDICATIONS The Association is proud to announce that its Board adopted these AI Guidelines on 15 May 2025. Following the identification of the necessity and importa
DISPUTE RESOLUTION BOARD FOUNDATION (DRBF) 24TH ANNUAL INTERNATIONAL CONFERENCECAPE TOWN(14 to 16 May 2025) The Association of Arbitrators (Southern Africa) NPC is a proud sponsor of this conference and we encourage you to attend. Each year, the Disput
VENUE HIREWHERE YOU MATTER! In the heart of Sandton, Johannesburg, the Association offers you versatile, quality corporate venue hire facilities, in a professional, friendly and relaxed atmosphere, to suit your needs and to flatter your pocket – always
CONSTRUCTION CONUNDRUMS (29 May 2025) The first Construction Conundrums workshop in 2025 – not to be missed! 5 important topics will be addressed by 5 experienced practitioners. For more information and to register, click below: REGISTER NOW &nbs
ADR QUESTIONS AND ANSWERS (25 April 2025) Thank you to our Western Cape Regional Chairman, Mr Jonathan Mitchell, for presenting this interactive online workshop as part of the Association’s ongoing mission to provide regular upskilling opportunities for
PRACTICAL GUIDE TOADMINISTERING CONSTRUCTION CONTRACTS Hot off the press – get expert insights from Mr Uwe Putlitz and Mr Peter Barnard. CLICK HERE FOR MORE INFORMATION
SMASH, GRAB AND CONSTRUCTION DISPUTE COST? (9 April 2025) Good news – join Mr Damian James (FAArb) and two leading experts in construction law for a look at adjudication. In particular, the “smash and grab” or technical adjudication. A
2025 FLAGSHIP ONLINE ARBITRATION COURSESREGISTRATION OPEN! The Association’s flagship online Arbitration Courses, which were inaugurated in 1985 and have been successful far beyond our expectations, are open for the 2025 application/registration! How to
5-DAY INTERNATIONALLY ACCREDITEDONLINE MEDIATION COURSE Join the Association of Arbitrators (Southern Africa) NPC, in partnership with the leading London mediation training charity The Society of Mediators, to become an internationally accredited qualifie
SEASON GREETINGS AND WARMEST WISHES! Note: The Association’s offices will close on Thursday, 12 December 2024, and open again on Monday, 6 January 2025.
GAUTENG INSTITUTE OF ARCHITECTURE (GIfA),PRACTICE COMMITTEEPROFESSIONAL BREAKFAST MEETING THURSDAY, 5 DECEMBER 2024 Architect Maria Paschini, Interim Executive Practice and CPD at SAIA and Fellow of the Association, invited the Association to speak at GIf
THE JBCC USERS’ BREAKFAST CONFERENCE WEDNESDAY, 31 JULY 2024 Learn | Build | Elevate A special thank you to the JBCC for hosting a resoundingly successful and enjoyable breakfast. NOTE: In order to download a flipbook with functionalit
FROM THE EDITOR’S PEN – JUNE 2024 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 A
UNCLE OSWALD’S Q&A FORUM – JUNE 2024 THE MATTER OF SWAMBO’S HALF-SHARE Dear Uncle Oswald, As you know, attractive ladies and matters of law are drawn to me like moths to a candle. I will not bother you with my lady-issues, but y
TOOLS OF THE TRADE – JUNE 2024 FIDIC GOLDEN PRINCIPLES: THEY APPLY TO ALL CONSTRUCTION CONTRACTS! Introduction In 2017, the Fédération Internationale des Ingénieurs-Conseils or, more commonly known as, the International Federation of Consulting E
TOOLS OF THE TRADE – JUNE 2024 CHALLENGING AN ARBITRATION AWARD ON THE GROUNDS OF SERIOUS IRREGULARITY – LESSONS FROM THE UK Introduction This tale is about two Irish businessmen who came ever so close to striking it very rich in Nigeria. Mr Mi
TOOLS OF THE TRADE – JUNE 2024 ADJUDICATORS MUST PAY CAREFUL ATTENTION WHEN DRAFTING THEIR DETERMINATIONS Adjudication is the primary dispute resolution process in many standard-form contracts.[1] Although not regulated by statute in South Africa,
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
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
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
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
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
TOOLS OF THE TRADE – DECEMBER 2023 PIPPED AT THE POST?[1] (the pitfall of instituting a claim in the wrong forum and how this relates to the relevant arbitration clause and underlying agreement) Introduction As a result of court backlogs and delays,
TOOLS OF THE TRADE – DECEMBER 2023 POWERS OF AN ARBITRATOR UNDER SECTION 12B (4) (a) OF THE PETROLEUM PRODUCTS ACT 120 OF 1977[1] Introduction 1. The Constitutional Court (CC) recently had occasion to pronounce on the ambit of s 12B (4) (a) of th
TOOLS OF THE TRADE – DECEMBER 2023 A NEED FOR UNIFORM ADJUDICATION RULES[1] Introduction I was appointed as the adjudicator in the dispute between the Ekurhuleni West College v Segal and Trencon Construction[2] at the end of 2016. The dispute aro
CASE IN POINT – DECEMBER 2023 THE ENFORCEMENT OF ADJUDICATORS’ DECISIONS BY THE COURTS[1] The Supreme Court of Appeal (SCA) on 12 June 2023 handed down a very important judgment concerning the enforcement of decisions by adjudicators. Two import
AOA BREAKING NEWS – DECEMBER 2023 THE AOA’S NEW MEDIATION RULES Introduction Following a Board of Directors’ directive, the Rules Committee was requested to review the existing Mediation Rules (the existing Rules) and to produce an updated s
FROM THE EDITOR’S PEN – APRIL 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 of
UNCLE OSWALD’S Q&A FORUM – APRIL 2023 PRESCRIPTION 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
TOOLS OF THE TRADE – APRIL 2023 EXERCISING A DISCRETION UNDER SECTION 20 OF THE ARBITRATION ACT: A SUMMARY OF THE RELEVANT CONSIDERATIONS AND GUIDING PRINCIPLES The scenario 1. Two parties, an organ of state on the one hand and a landowner on the ot
TOOLS OF THE TRADE – APRIL 2023 SIDESTEPPING AN ARBITRATION AGREEMENT 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 includ
TOOLS OF THE TRADE – APRIL 2023 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
CASE IN POINT – APRIL 2023 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 consi
FROM THE EDITOR’S PEN – DECEMBER 2022 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
UNCLE OSWALD’S Q&A FORUM – DECEMBER 2022 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 t
CASE IN POINT – DECEMBER 2022 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[
TOOLS OF THE TRADE – DECEMBER 2022 COMMENTS ON THE JURISDICTION OF ARBITRATORS INTRODUCTION Arbitration is governed in our statute law[1] by the Arbitration Act (the Act)[2] in respect of domestic arbitrations and the International Arbitration Act (
TOOLS OF THE TRADE – DECEMBER 2022 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
TOOLS OF THE TRADE – DECEMBER 2022 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
FROM THE EDITOR’S PEN – MARCH 2022 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 Joh
ARBIRATION EDUCATION STATION – MARCH 2022 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
TOOLS OF THE TRADE – MARCH 2022 INTERNATIONAL ARBITRATION WAIVER OF THE RIGHT TO REVIEW AN ARBITRATION AWARD by Cassie Badenhorst SC and Penny Bosman[1] Introduction Arbitration, particularly in the context of legal disputes between parties in dif
TOOLS OF THE TRADE – MARCH 2022 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 per
TOOLS OF THE TRADE – MARCH 2022 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 proceeding
AOA BREAKING NEWS – MARCH 2022 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 Du
FROM THE EDITOR’S PEN – DECEMBER 2021 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
UNCLE OSWALD’S Q&A FORUM – DECEMBER 2021 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
AOA BREAKING NEWS – DECEMBER 2021 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, a
TOOLS OF THE TRADE – DECEMBER 2021 STATUS OF INTERI PAYMENT CERTIFICATES ENSafrica Construction ENSurance RECENT INFLUENTIAL COURT DECISIONS AND WHAT THEY MAY MEAN FOR YOUR BUSINESS INTRODUCTION We are delighted to present you with this bookl
TOOLS OF THE TRADE – DECEMBER 2021 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, m
TOOLS OF THE TRADE – DECEMBER 2021 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 adjudic
CASE IN POINT – DECEMBER 2021 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 deal
IN MEMORIAM – DECEMBER 2021 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 wi
AOA BREAKING NEWS – OCTOBER 2021 NEW DIRECTOR, MR SHARMRAJ BAUCHOO 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 Surv
FROM THE EDITOR’S PEN – OCTOBER 2021 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 Associ
TOOLS OF THE TRADE – OCTOBER 2021 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)
TOOLS OF THE TRADE – OCTOBER 2021 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
UNCLE OSWALD’S Q&A FORUM – OCTOBER 2021 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 Arbitratio
CASE IN POINT – OCTOBER 2021 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 & Rob
FEATURED POEM – OCTOBER 2021 LIONS AND GAZELLES 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, Neith
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.
FROM THE EDITOR’S PEN – AUGUST 2021 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
UNCLE OSWALD’S Q&A FORUM – AUGUST 2021 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 arbitrati
TOOLS OF THE TRADE – AUGUST 2021 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, dispositi
TOOLS OF THE TRADE – AUGUST 2021 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 (Zingw
CASE IN POINT – AUGUST 2021 JOINT VENTURE BETWEEN AVENT (AFRICA) (PTY) LTD AND STRABAG INTERNATIONAL GMBH V SOUTH AFRICAN NATIONAL ROADS AGENCY SOC LTD AND ANOTHER 2021 (2) SA 137 (SCA) (AVEN-STRABAG-SCA) INTRODUCTION AND BACKGROUND This judgment by
BREAKING NEWS – AUGUST 2021 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
FROM THE EDITOR’S PEN – JUNE 2021 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 A
ARBITRATION EDUCATION STATION – JUNE 2021 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 remot
ARBITRATION EDUCATION STATION – JUNE 2021 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 stude
UNCLE OSWALD’S Q&A FORUM – JUNE 2021 JURISDICTIONAL CHALLENGE 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 fell
TOOLS OF THE TRADE – JUNE 2021 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,
TOOLS OF THE TRADE – JUNE 2021 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
TOOLS OF THE TRADE – JUNE 2021 ‘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 inst
TOOLS OF THE TRADE – JUNE 2021 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 a
CASE IN POINT – JUNE 2021 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 partie
AOA BREAKING NEWS – JUNE 2021 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 arbitr
AOA BREAKING NEWS – JUNE 2021 KWAZULU-NATAL 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 R
AOA BREAKING NEWS – JUNE 2021 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 M
IN MEMORIAM – JUNE 2021 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
IN MEMORIAM – JUNE 2021 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 East
READERS’ LETTERS – JUNE 2021 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
FROM THE EDITOR’S PEN – APRIL 2021 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
ARBITRATION EDUCATION STATION – APRIL 2021 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 Me
ARBITRATION EDUCATION STATION – APRIL 2021 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
UNCLE OSWALD’S Q&A FORUM – APRIL 2021 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 f
TOOLS OF THE TRADE – APRIL 2021 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) Lt
TOOLS OF THE TRADE – APRIL 2021 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 en
TOOLS OF THE TRADE – APRIL 2021 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 opinio
CASE IN POINT – APRIL 2021 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
AOA BREAKING NEWS – APRIL 2021 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
ARBITRATION EDUCATION STATION – FEBRUARY 2021 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,
FROM THE EDITOR’S PEN – FEBRUARY 2021 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
UNCLE OSWALD’S Q&A FORUM – FEBRUARY 2021 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 dr
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
CASE IN POINT – FEBRUARY 2021 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 Ins
ALL ABOUT THE AOA – FEBRUARY 2021 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. THE AS
AOA BREAKING NEWS – FEBRUARY 2021 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[1] The construction contr
ADV ERIC DUNN SC Please download Adv Dunn SC’s CV below:[1] [1] NOTE: In order to download the flipbook with functionality, please download the flipbook reader app here.
ADV TJAART VAN DER WALT SC Please download Adv Tjaart van der Walt SC’s CV below:[1] [1] NOTE: In order to download the flipbook with functionality, please download the flipbook reader app here.
ADV PIERRE ROSSOUW SC Please download Adv Pierre Rossouw SC’s CV below:[1] [1] NOTE: In order to download the flipbook with functionality, please download the flipbook reader app here.
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!
ALL ABOUT THE AOA – NOVEMBER 2020 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
CASE IN POINT – NOVEMBER 2020 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
TOOLS OF THE TRADE – NOVEMBER 2020 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
UNCLE OSWALD’S Q&A FORUM – NOVEMBER 2020 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
FROM THE EDITOR’S PEN – NOVEMBER 2020 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 Arbitrat
IN MEMORIAM – SEPTEMBER 2020 A TRIBUTE TO THELATE HONOURABLE JUDGE RALPH ZULMAN (Contributed by former Judge (Ret.) Percy Blieden) The late Ralph Zulman was one of those larger than life individuals who has left an indelible mark on the Johannesburg
ALL ABOUT THE AOA – SEPTEMBER 2020 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
FROM THE EDITOR’S PEN – SEPTEMBER 2020 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
AOA BREAKING NEWS – SEPTEMBER 2020 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 preven
CASE IN POINT – SEPTEMBER 2020 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: Eku
UNCLE OSWALD’S Q&A FORUM – SEPTEMBER 2020 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 b
ARBITRATION EDUCATION STATION – SEPTEMBER 2020 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 speciali
TOOLS OF THE TRADE – SEPTEMBER 2020 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 complete
FROM THE EDITOR’S PEN – JULY 2020 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
IN MEMORIAM – JUNE 2020 PATRICK FRANCIS (FRANK) CROWLEY 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
ALL ABOUT THE AOA – JULY 2020 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 bette
CASE IN POINT – JULY 2020 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
TOOLS OF THE TRADE – JULY 2020 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 M
UNCLE OSWALD’S Q&A FORUM – JULY 2020 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 dr
ARBITRATION EDUCATION STATION – JULY 2020 ARBITRATION COURSES – 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), m
SAICE – GCC ELECTRONIC STANDARD CONTRACTS SAICE announces the launch of electronic versions of its suite of standard forms of contract. Compile any one of the contracts from the SAICE suite of GCC contracts online or purchase an electronic reference
ADJUDICATION – MR CHRIS BINNINGTON Thank you to our Director and Fellow, Mr Chris Binnington, for preparing this article. Please click here to download the article.
OBITUARY FOR PATRICK FRANCIS (FRANK) CROWLEY Frank was born in Ireland on the 29th January 1945 and obtained a Bachelor of Engineering degree at the University of Ireland in Cork in 1967. He subsequently immigrated to South Africa and embarked on a succ
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
ARBITRATION EDUCATION STATION – MAY 2020 ARBITRATION TRAINING 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), me
UNCLE OSWALD’S Q&A FORUM – MAY 2020 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
TOOLS OF THE TRADE – MAY 2020 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 Universit
CASE IN POINT – MAY 2020 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. ZA
AOA BREAKING NEWS – MAY 2020 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
ALL ABOUT THE AOA – MAY 2020 BOARD MEMBERS 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 Associa
NOTICE AT THE REQUEST OF SAICE This is the second document in the series “Dealing with the Effects of COVID-19 in the Ambit of the SAICE GCC Contracts” Most construction projects have come under threat within a short period of time resulting
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
AOA BREAKING NEWS – MARCH 2020 CONGRATULATIONS IN ORDER IN KZN! Mr Steve Poorter, a Fellow (FAArb) of the Association of Arbitrators (Southern Africa) NPC, and a committee member of its KwaZulu-Natal branch, presents a construction law module at the
ALL ABOUT THE AOA – MARCH 2020 INTRODUCING MEMBERS OF OUR BOARD OF DIRECTORS Our other Board members will be introduced in the next publication of this bi-monthly e-periodical. Advocate Des Mahoney is a chartered accountant with over 25 years’ exp
CASE IN POINT – MARCH 2020 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 Th
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
UNCLE OSWALD’S Q&A FORUM – MARCH 2020 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 p
ARBITRATION EDUCATION STATION– MARCH 2020 ARBITRATION TRAINING COURSES 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
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
A CASE IN POINT – JANUARY 2020 We’d like to warmly thank Mr Alastair 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 certifi
ALL ABOUT THE AOA – JANUARY 2020 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 n
TOOLS OF THE TRADE – JANUARY 2020 TOOLKIT FOR AWARD WRITING Co-chairs of the Arb40 Subcommittee of the International Bar Association (IBA), Angeline Welsh and Swee Yen Koh, celebrate the fact that the “young arbitration community is thriving. Ever
UNCLE OSWALD’S Q&A FORUM – JANUARY 2020 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 Gro
ARBITRATION EDUCATION STATION – JANUARY 2020 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 cons
FROM THE EDITOR’S PEN – JANUARY 2020 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 (F
2018 EDITION RULES FOR THE CONDUCT OF ARBITRATIONS 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
ASK EXPERIENCED PRACTITIONERS! – Adv Tjaart van der Walt’s Answers 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.
ASK EXPERIENCED PRACTITIONERS! – THANK YOU!!! 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 th
Ivor Evans 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 humo
Prof David Butler’s Lecture – International Arbitration Bill (18 July 2017) Thank you to Prof Butler, our Board Members, all who attended and our super staff for making this an extremely successful evening.
‘JBCC 2014 and All That – a Guide to Practical Interpretation’, by JR Garner 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
2017 AGM (11 May 2017) 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’
7th Edition Rules 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 facilitat
