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... read more
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... read more
TOOLS OF THE TRADE – OCTOBER 2025 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... read more
A WORD FROM THE BENCH – MARCH 2026 TIME-BARS, SECTION 8, AND THE FINALITY OF ARBITRAL AWARDS Kidrogen RF (Pty) Ltd v Erasmus and Others 2025 (5) SA 110 (SCA) This recent Supreme Court of Appeal decision is a cautionary tale for parties (and practiti... read more
UNCLE OSWALD’S Q&A FORUM – APRIL 2026 HE SAID, SHE SAID … HOPING TO HEAR ABOUT ‘HEARSAY’ EVIDENCE Best Uncle Oswald, I am a retired magistrate, now enjoying my golden years accepting the odd appointment as arbitrator. A... read more
