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