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...
Three days is not a tender process: Fidelity Security Services v Transnet A R300 million security contract for Transnet’s rail infrastructure was advertised for three days. Treasury Regulation 16A6.3(c) requires a minimum of twenty-one. That single fact...
A bridge too far: rejecting the conversion of procedural unfairness into substantive injustice Universal Product Network (UPN), the logistics arm of Woolworths, charged approximately 256 employees for misconduct during a protected strike in October 2015, all...
Mandatory mediation in Gauteng: The true test for mediation If a counterparty refuses court-annexed mediation in the Gauteng Division, a subjective belief that it will fail is not enough to excuse them. The Gauteng High Court confirmed in Brondani v...
Deemed fulfilment: Preventing parties from benefiting from their own breach A party cannot deliberately prevent a condition precedent from being fulfilled and then use that failure to escape its contractual obligations. The English Court of Appeal confirmed...
