Jeffrey Kron

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

By Jeffrey Kron and Sarah Forshaw on April 9, 2020 Posted in General

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

Arbitration clauses could prevent class actions

By Jeffrey Kron and Yasmin Kadwa on November 25, 2015 Posted in General

Class actions have the potential to be abused by plaintiffs, for example where a large number of claims are brought for trifling amounts and there is no public policy issue. Whether a class action for a small recovery can be pursued will be decided at the certification stage of proceedings, but by then large amounts … Continue reading

Proposed changes to the calculation of the prescribed rate of interest

By Jeffrey Kron and Maxine Smith on March 5, 2015 Posted in General

Amendments to the Prescribed Rate of Interest Act are on the horizon. The Judicial Matters Amendment Bill, 2015 seeks to change the prescribed rate of interest to the repurchase rate (the rate at which banks borrow rands from the Reserve Bank) determined by the South African Reserve Bank, plus 3.5% per year. The reasoning behind … Continue reading