Private arbitration Archives

Reviewing private awards: Applying correct review test

by GilesFiles | Nov 28, 2024 | 2020 onwards, Causes and defences, Conduct unbecoming, Connie Prinsloo, Costs, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, Misconduct & incapacity, Orders, Parties, Personal services, Private arbitration, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

LRA s 188A inquiry: Remitted to Tokiso

by GilesFiles | Jun 4, 2024 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Costs, Courts, Declaratory, General, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, MR Makhura, Orders, Parties, Private arbitration, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Topics, Trade | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Reviewing private arbitration award: Curtailed review powers

by GilesFiles | Mar 13, 2024 | 2020 onwards, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Fixed-term, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, LRA 8a: 189 and 189A see Termination, Operational reasons, Orders, Parties, Personal services, Private arbitration, Private enterprises, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Misappropriating university funds: Reasonable prospects on appeal?

by GilesFiles | Oct 13, 2023 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Delict, Disallowed, Evidence & onus, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, leave to appeal, Legal Practice, Legislation, Orders, Parties, Personal services, Private arbitration, Review tests, Roman Dutch law, Rules Codes & Manual, Sectors, Statutory, Topics, Universities and schools | 0 |

JWR v University of Stellenbosch How does the high court assess reasonable prospects of success on appeal after having awarded substantial damages for misappropriating university funds by former employee? “[1] The...

Private arbitration award: Service level agreement

by GilesFiles | Sep 22, 2022 | 2020 onwards, Causes and defences, Contractual breach, Costs, Courts, Declaratory, High Court, High Court judges, Judges, Legal Practice, Legislation, Orders, Parties, Personal services, Private arbitration, Private enterprises, Review tests, Sectors, Statutory, Topics, Trade unions | 0 |

Samwu v Imbeu Development and Project Management (Pty) Ltd When does a private arbitration award stray outside the ambit of what the arbitration agreement authorised in the arbitration? “61. In summary, in my view, the...

Compulsory arbitration agreement: compliance required

by GilesFiles | Dec 13, 2021 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Contractual breach, Costs, Courts, Disallowed, Evidence & onus, Finance, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Objective - correctness, Orders, Parties, Private arbitration, Private enterprises, Review tests, Sectors, Statutes (LRL 2)-work, staying proceedings, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Reviewing private award: Wrong conclusions?

by GilesFiles | Jul 26, 2021 | 2020 onwards, Courts, Evidence & onus, Government, Gross misconduct, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Misconduct & incapacity, Municipal, Orders, Parties, Private arbitration, Review tests, Sean Snyman, Sectors, State organs, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trust & confidence | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Arbitration award binding: Right to be wrong

by GilesFiles | Dec 2, 2020 | 2020 onwards, Agriculture, Applications, Causes and defences, Courts, Declaratory, Evidence & onus, General, High Court, High Court judges, Judges, Legal Practice, Legislation, OL Rogers, Orders, Parties, Private arbitration, Private enterprises, Review tests, Sectors, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Adjudication before arbitration: Incomplete proceedings?

by GilesFiles | Apr 2, 2020 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Common law, Construction industry, Contractual breach, Costs, Courts, Disallowed, Interpretation etc, Irregular proceeding, Judges, Legal Practice, Orders, Parties, Private arbitration, Private enterprises, Review tests, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Terms & conditions, Topics | 0 |

Ekurhuleni West College v Segal (Trencon Construction) Adjudication before arbitration is a speedy method of resolving disputes in the building and construction industry and what was formally known as ‘mediation’ is...

Pre-dismissal arbitration: Bias not proved

by GilesFiles | May 15, 2019 | 2019, Courts, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Parties, Personal Information, Private arbitration, Review tests, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Universities and schools | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Fair arbitral hearing: Consideration of statutory requirements

by GilesFiles | Mar 22, 2018 | 2018, Courts, Hearing procedure, Judges, Legal Practice, Legislation, Misconduct & incapacity, MJD Wallis, Private arbitration, Review tests, Risks, Supreme Court of Appeal, Termination (LRL 8) | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Gross arbitral irregularity: Coupled with misconduct and delay

by GilesFiles | Mar 22, 2018 | 2018, BC and HOAs, Bill of Rights, Causes and defences, Community schemes, Courts, High Court, High Court judges, Interpretation etc, Judges, Legal Practice, Legislation, Parties, Private arbitration, Recusal, Review tests, Sectors | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Category: Private arbitration