Litigation Ambiguity: How poorly drafted commercial contracts drive disputes in South Africa
In South Africa’s commercial environment, clear and precise contract drafting is crucial. Ambiguities or missing details often lead to disputes, as illustrated by the recent case of G Phadziri & Sons (Pty) Ltd v Do Light Transport (Pty) Ltd and Another [2023] ZASCA 16. One of the disputes in this case arose from a commercial […]
Arbitration agreements and their exceptions
Due to the high-pressure nature of the industry, construction projects often give rise to disputes. Resolving disputes in the Courts can be time-consuming and costly and this is, of course, undesirable due to the “winners-takes-all” nature of litigation as well as the often very technical nature of the disputes themselves. Construction contracts therefore often make […]