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
CASE IN POINT – OCTOBER 2025 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... read more
CASE IN POINT – OCTOBER 2025 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 t... read more
A CASE IN POINT – OCTOBER 2025 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 (... read more
A CASE IN POINT – MAY 2026 THE LIMITS OF ARBITRAL AUTHORITY IN PUBLIC PROCUREMENT DISPUTES[1] On 27 November 2017 NAD Property Income Fund (Pty) Ltd (NAD) instituted an action in the High Court against the Bushbuckridge Local Municipality (the Munic... read more
