The adjudicator cannot decide a case the parties did not argue: LMND v John Henry Natural justice arguments in adjudication enforcement are, by design, difficult to run. The UK (and South African) courts have consistently said so, and the authorities stack up...
The door is closed to forum shopping: Jurisdiction clarified under the Mine Health and Safety Act The Supreme Court of Appeal judgment in TC Smelters and Another v The Minister: Department of Mineral Resources and Energy and Others provides authoritative...
The arbitration award does not reset the clock: IDC Architects v IDT A party that wins an arbitration award, survives an appeal, and then settles and accepts payment cannot later walk into court and ask for that same award to be enforced as if the settlement...
When a guarantee expires: Key takeaways from Engie-Pele Sannaspos Solar v DMRE On 6 February 2024, the Department of Mineral Resources and Energy issued a written demand under a R15 million preferred bidder guarantee that had, on the applicants’ case,...
An arbitrator has the right to be wrong: Cunninghame Construction v Homestead Hospitality There is a temptation, when an arbitration goes badly, to reach for the language of jurisdiction. If the award can be characterised as having exceeded the tribunal’s...
