Jeffrey Kron

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Arbitrators may not hear legality reviews

This blog was co-authored with Felix Le Roux, Candidate Attorney In a May 2023 judgment, the Pretoria High Court held that arbitrators are precluded from hearing reviews which are brought under the principle of legality. The Independent Development Trust (IDT), an organ of state, and Bakhi Design Studio (Bakhi) concluded various procurement contracts for the … Continue reading

Special Tribunal is not a court but may adjudicate legality reviews

This blog was co-authored with Felix Le Roux, Candidate Attorney On 10 March 2023 the Constitutional Court held that the Special Tribunal, established in terms of section 2(1)(b) of the Special Investigating Units and Special Tribunals Act, 1996 (the SIU Act) to adjudicate civil proceedings emanating from an investigation by the Special Investigating Unit (SIU), … Continue reading

An arbitrator is allowed to be wrong: Setting aside an award under section 33(1)(b) of the Arbitration Act 1965

The case of Khum MK Investments and Bie Joint Venture (Pty) Limited v Eskom Holdings Soc illustrates our courts’ reluctance to interfere with arbitration awards except in the limited circumstances set out in the Arbitration Act. The applicant must not only allege that the arbitrator’s decision was legally wrong. It must show that no reasonable … Continue reading
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