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ARTICLE · 10 DECEMBER 2013

GAR Construction Arbitration Know-How

Unless otherwise indicated, all questions assume (1) a construction contract between an employer and a contractor

South AfricaEmployment and HR

NOTE TO AUTHORS AND READERS:

(A) Unless otherwise indicated, all questions assume (1) a construction contract between an employer and a contractor; (2) that the site for the permanent works is in the jurisdiction of the respondent; and (3) there are no relevant contractual provisions (or arbitral rules) on the matter in question.

(B) Unless otherwise indicated, all responses should address: (1) the application of the law of the respondent's jurisdiction where it is the governing law of the contract (while indicating which rules cannot be excluded or modified by agreement); and (2) the application of the law of the respondent's jurisdiction where a foreign law is the governing law of the contract. This is to help show which rules are mandatory as a result of the law of the respondent's jurisdiction governing the contract and which (if different) are mandatory as a result of the site being in the respondent's jurisdiction.

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