“Pay when paid” clauses
Having regard to the reasoning applied in a recent English court decision, “pay when paid” clauses may not be quite the source of comfort to main contractors as previously thought. A “pay when paid” clause is the clause that is typically put into contracts between main contractors and subcontractors stipulating that the subcontractor will only […]
Removal of an Arbitrator
If an arbitrator unreasonably delays the issue of an award, he may, upon application to the High Court, be removed as arbitrator and forfeit his remuneration. To remove an arbitrator from office, a party is required to show good cause in terms of the Arbitration Act. The Act provides that good cause includes failure on […]