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... read more
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... read more
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... read more
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... read more
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 be... read more
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... read more
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... 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
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... read more
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 (... read more