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What the draft International Arbitration Rules, published by the Arbitration Foundation of Southern Africa, means for arbitrating parties

South Africa - February 1 2021 In 2017 South Africa adopted a new arbitration law for International Arbitrations, the International Arbitration Act (IAA). The passing of the IAA was…

South African Law of Contract: The question of fairness and public policy considerations answered

South Africa - July 16 2020 A recent Constitutional Court judgment has clarified the questions regarding the role of fairness and the public policy grounds upon which a court…

Gregg Hammond.

COVID-19 Projects & Construction: Mitigating the impact on NEC3 Contracts in Sub-Saharan Africa

Africa - March 27 2020 This article addresses the implications on infrastructure projects procured under the NEC3 Engineering & Construction Contract ("ECC"). NEC3…

Catherine Johnston.

Settlement agreements do not trigger obligations under the National Credit Act

South Africa - April 11 2019 In the recent decision of Ratlou v MAN Financial Services SA (Pty) Ltd [2019] ZASCA 49, the Supreme Court of Appeal ("SCA") had to adopt a purposive…

Arthur James.

The Advent of Litigation Funding and what does it involve?

Global - May 24 2018 Given the costs and uncertainties in the prosecution of disputes, and in particular large scale and complex international, commercial and construction…

Athol Gordon, Maurice Kenton, Nicole Gabryk, Rob Scott.