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International Arbitration – Making an Award in by Default an Order of the Court

International Arbitration – Making an Award in by Default an Order of the Court

by Nicolene Schoeman-Louw | Nov 2, 2021 | Civil Litigation and Alternative Dispute Resolution, Construction law, Publications

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...
Subpoenas – During CCMA and Bargaining Council Procedures

Subpoenas – During CCMA and Bargaining Council Procedures

by Petrus Khumalo | Aug 6, 2021 | Employment law, Publications

Many employees are unaware that similar to criminal or civil courts proceedings, the CCMA or Bargaining Council is allowed to compel witnesses to present themselves to testify or provide information. This usually happens when vital witnesses would not voluntarily...
The Disadvantage of NOT being Granted Legal Representation at Arbitration

The Disadvantage of NOT being Granted Legal Representation at Arbitration

by Petrus Khumalo | May 21, 2021 | Employment law, Publications

It is common, most of the employment disputes at the CCMA or Bargaining Councils are disputes relating to dismissal for employee’s conduct. Thus, in terms of Rule 25 of the CCMA Rules and most Bargaining Councils’ Rules, in arbitration proceedings, the...
Legal Representation During Arbitration

Legal Representation During Arbitration

by Petrus Khumalo | Sep 8, 2020 | Civil Litigation and Alternative Dispute Resolution, Publications

It is undisputed that the majority of people who refer disputes to the Commission for Conciliation, Mediation and Arbitration (“the CCMA”) hail from the vulnerable parts of our society. Most of them are poor, are not very educated and a vast number of them...

A Lesson in the Timeous Institution of Arbitration Proceedings

by Reenen Lombard | Feb 10, 2020 | Civil Litigation and Alternative Dispute Resolution, Commercial law, Contract Drafting, Publications

Arbitration is steadily on the rise in the developing world.[1] More interesting is that this growth seems to be centered around Africa, or, at least, African parties. The reasons are no doubt compound, but one reason is that Africa is slowly on the rise, economically...
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