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INTRODUCTION Arbitration is an alternative private dispute resolution process which is governed by the Arbitration Act, 42 of 1965 (“the Act”). If a party to a contract, which includes an agreement to arbitrate disputes, institutes legal proceedings, the Act provides that the other party may apply to court for the legal proceedings to […]
INTRODUCTION On 29 December 2022 the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act, No 22 of 2022, was published by the Presidency. The Act, no doubt designed to encourage the Financial Action Task Force not to place South Africa on the grey list, inter alia introduces amendments to the Trust […]
INTRODUCTION In a recent adjudication where the adjudicator was a very senior retired judge, the question arose as to whether a dispute relating to the termination of a JBCC contract was susceptible to adjudication and whether the adjudicator had the power to make a binding order on that issue. These questions arose for […]
INTRODUCTION The resolution of disputes by means of arbitration requires that there be an agreement between the disputing parties to that effect. Absent agreement, the default mechanism for resolving disputes is by means of legal proceedings. What happens if there is a dispute about the existence of the arbitration agreement that one of […]
INTRODUCTION The Bulletin last week entitled “When is an Adjudicator’s Decision Unenforceable?” dealt with the decision of the Gauteng High Court in the Framatome case handed down on 30 September 2020. That decision was taken on appeal to the Supreme Court of Appeal in Bloemfontein (SCA) which has just handed down judgment. […]
INTRODUCTION Adjudication is a dispute resolution process created by contract in many modern standard form construction contracts. A common feature of adjudication clauses is that an adjudicator’s decision is binding on the parties, albeit not final, unless neither party gives a notice of dissatisfaction in relation to the decision within a stipulated time […]
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 right to lateral support in favour of neighbouring properties. There was until last year some confusion as to the exact scope […]
INTRODUCTION The Construction Industry Development Board (“the Board”) was established in terms of the Construction Industry Development Board Act, 38 of 2000 (“the Act”). The Board has the obligation to promote uniform and ethical standards in the construction industry and to publish a Code of Conduct (“the Code”) for all construction related procurement and […]
INTRODUCTION In late 2019 the Supreme Court of Appeal (“SCA”) was called upon to deal with the question as to whether an arbitration award was unenforceable for want of having achieved finality in relation to the issues referred to arbitration. The arbitration arose out of a dispute between shareholders in a company. The shareholders agreement […]
In 2011 the Passenger Rail Agency of South Africa (“PRASA”) decided that the time had come to replace a large number of its outdated locomotives. Mr B Mtimkulu, the then Executive Manager: Engineering Services of PRASA, submitted a memorandum to the then Group Chief Executive Officer of PRASA, Mr Lucky Montana, recommending that PRASA source […]
