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International Arbitration – Making an Award in by Default an Order of the Court
In many instances, a dispute is referred to arbitration and determined - even if cross-border. This was precisely what happened in the matter of Industrius D.O.O v IDS Industry Service and Plant Construction South Africa (Pty) Ltd (the "case" or the "matter")[1] Facts...
Delictual Action for Damages – Claining for Loss of Profit in the Case of an Unsuccessful Tender
The rules of being awarded a contract by way of a tender process are encapsulated in Section 217(1) of the Constitution, which indicates that when an organ of state contracts for goods and services, it must do so in accordance with principles of fairness,...
Subcontractors – There are Various ways to Contract? Why does it Matter?
A construction contract is an agreement between an employer (the property owner or its authorised agent) and a contractor to construct, repair, modify, renovate or even demolish something in an agreed time frame, for an agreed price and to agreed / acceptable...