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You chose a private judge. You cannot appeal your way out of the result.
You chose a private judge. You cannot appeal your way out of the result. A property developer lost an arbitration, then asked the High Court to overturn the award. It said the arbitrator, a...
When ‘fixed-term’ is no longer fixed: The illusion of expiry
When 'fixed-term' is no longer fixed: The illusion of expiry In Maphosa and Others v New Model Private College and Others (Labour Appeal Court, 28 May 2026), the Labour Appeal Court was...
From facilitation to litigation: No pit stop at conciliation
From facilitation to litigation: No pit stop at conciliation The Constitutional Court has provided important clarity on the procedural pathway available to employees dismissed for operational...
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...