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Talk given by Euan Massey, Director MDA Consulting (Pty) Limited, at the annual MDA Collective Wisdom lecture, Glenhove Conference Centre, Johannesburg, South Africa – 25 August 2016
Like many other jurisdictions, the practice of adjudication in SA (although not initially referred to as adjudication) predates the release of the Latham report and the NEC second edition.
The limits of an adjudicator’s jurisdiction – An analysis of the adjudicator’s power and duty to consider the limits of their jurisdiction, what defines such limits and the consequences of failing to define and observe such limits.
In order to fully appreciate the dispute resolution techniques and practices currently employed through the South African construction industry in managing construction disputes this paper examines the dispute management mechanisms typically incorporated by contracting parties (in both the public and private sector) into construction contracts predominantly employed to regulate execution of construction works in the South African construction industry.
A paper presented to the Society of Construction Law and Charted Institute of Arbitrators Conference in Derby on 24th September 2010 by HH Judge David Grant.