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Globally stakeholders operating in construction sectors are acutely aware that disputes are not always avoidable, and that procedures must be available to contracting parties to manage disputes.

Dispute management procedures are no longer confined to grim litigation or arbitration battles. Far more appropriate procedures have developed which if properly applied assist in preserving commercial relationships, minimise disruption and enable parties “to find some sensible resolution of their problem and then get back to their real business”. See Mr. Justice Jackson, The Tower of Babel: What happens when a building contract goes wrong, The 2006 Denning Lecture given in Gray’s Inn, London on 28th November 2006, downloadable from www.scl.org.uk.

Dispute management procedures now span “the area between the adjudicatory dispute resolution systems (including litigation, arbitration, adjudication, and expert determination) and simple negotiation … as an alternative or precursor to arbitration or litigation”. See Phillip Capper and Robert Hunter, Choice of Dispute Resolution Procedure (extract from a note), Lovells at page 8.

MDA’s wealth of experience, objective advice and application of specific expertise in these procedures ensures best possible results being achieved for our clients.

Adjudication

MDA is the only specialist adjudication practice in South Africa.

MDA’s directors Vaughan Hattingh and Euan Massey have both completed a Post Graduate Certificate in Construction Adjudication at Kings College, London and thereafter, together with Chris Bennett, a Master of Science degree in Construction Law and Dispute Resolution at Kings College, London.

Vaughan, Euan and Ian regularly comment on South African adjudication practice (and a spectrum of other topics) in local and international trade and related publications.

Our senior associates Michelle Kerr and Odette Potgieter have completed the Certificate Programme in Construction Adjudication at the University of Pretoria.

MDA is involved in between 60 to 70 adjudications annually.

To view our latest Adjudication Survey click here.

Arbitration

MDA has a solid 15 year track record assisting our clients in arbitrations administered under various institutional arbitration rules including the Arbitration Association of South Africa commercial arbitration rules, the Arbitration Federation of South Africa rules for arbitrations, and the International Chamber of Commerce rules for international arbitrations.