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... read more
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... read more
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... read more
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 ... read more
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, ... read more
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... read more
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... read more
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... read more
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... read more
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... read more
