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The adjudicator cannot decide a case the parties did not argue: LMND v John Henry Group
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...
The door is closed to forum shopping: Jurisdiction clarified under the Mine Health and Safety Act
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...
The arbitration award does not reset the clock: IDC Architects v IDT
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...
When a guarantee expires: Key takeaways from Engie-Pele Sannaspos Solar v DMRE
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...
An arbitrator has the right to be wrong: Cunninghame Construction v Homestead Hospitality
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...
Three days is not a tender process: Fidelity Security Services v Transnet
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...
A bridge too far: Rejecting the conversion of procedural unfairness into substantive injustice
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...
Mandatory mediation in Gauteng: The true test for mediation
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...
Deemed fulfilment: Preventing parties from benefiting from their own breach
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...
Pay now, argue later: Enforcing adjudicator decisions in South African construction disputes
Pay now, argue later: Enforcing adjudicator decisions in South African construction disputes South African courts enforce adjudicator decisions immediately, even where a party intends to...
Labour Court flags inconsistent discipline in municipal dismissal case
Labour Court flags inconsistent discipline in municipal dismissal case The Labour Court in Johannesburg reviewed an arbitration award that upheld the dismissal of a municipal cashier, Ms TS...
Not Dismissed: Pandemic context and proportional discipline take centre stage
Not dismissed: Pandemic context and proportional discipline take centre stage The Labour Court in Cape Town reviewed an arbitration award that had upheld the dismissal of a public school...