Does force majeure still apply when sanctions make performance illegal?
The rise of sanctions is testing force majeure clauses, with outcomes hinging on drafting precision and legal context.
#arbitration
Arbitration confidentiality offers no shield in South African courts, warns High Court
The High Court confirms that evidence from confidential arbitration can be disclosed in related South African litigation, forcing insurers and other parties to rethink how they manage arbitration materials.
Court upholds arbitration clause in R423m business interruption dispute
The judgment reinforces the principle that the courts will uphold arbitration clauses where liability is not contested.
SCA rules on an arbitrator’s powers in disputes over arrear maintenance
The appellant contended that the arbitration clause in the settlement agreement conflicted with section 2(a) of the Arbitration Act.
