Bidoli v Bidoli and Another (2011 (5) SA 247 (SCA)) [2011] ZASCA 82; 436/10 (27 May 2011)

Bidoli v Bidoli and Another (2011 (5) SA 247 (SCA)) [2011] ZASCA 82; 436/10 (27 May 2011)

The Supreme Court of Appeal held that South African law does not prohibit an arbitrator from recording a settlement reached by the parties as an award on agreed terms, provided the arbitration was validly commenced and the parties requested such an award. The authorities cited by the High Court do not preclude the making of an agreed award following a valid referral and settlement. The arbitrator's mandate continued until the final award was issued, and the award was enforceable under section 31 of the Arbitration Act. The High Court's jurisdiction was sufficient to enforce the award against the respondents, who were subject to its authority, regardless of the location of the property or...

Citation
[2011] ZASCA 82
Parties
Appellant: Guido Bruno Bidoli; Respondent: Barbara Lieselotte Bidoli; Respondent: Romolo Bidoli
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
27 May 2011
Case Number
436/10
Procedural Posture
Civil Appeal / Appeal From Western Cape High Court (fourie J)
Outcome
Appeal upheld with costs; order of the court below set aside and replaced with an order making the arbitral award an order of court and dismissing the counter application with costs.
Judges
Harms, Nugent, Ponnan, Malan, Theron
Legal Topics
Arbitration Award Enforcement, Agreed Award, Jurisdiction of Arbitrator, Settlement Agreement, Section 31 Arbitration Act
Civil Procedure Alternative Dispute Resolution Arbitration Award Enforcement Agreed Award Jurisdiction of Arbitrator Settlement Agreement Section 31 Arbitration Act

Case Brief

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Parties

Guido Bruno Bidoli

Appellant

Barbara Lieselotte Bidoli

Respondent

Romolo Bidoli

Respondent

Procedural Posture

Civil Appeal / Appeal From Western Cape High Court (fourie J)

Legal Issues

  1. 1 Whether an arbitrator may record a settlement reached by the parties as an award on agreed terms under South African law.
  2. 2 Whether the arbitral award published after settlement is valid and enforceable as an order of court under section 31 of the Arbitration Act.
  3. 3 Whether the High Court has jurisdiction to make an order affecting property and funds situated outside South Africa.

Ratio Decidendi

The Supreme Court of Appeal held that South African law does not prohibit an arbitrator from recording a settlement reached by the parties as an award on agreed terms, provided the arbitration was validly commenced and the parties requested such an award. The authorities cited by the High Court do not preclude the making of an agreed award following a valid referral and settlement. The arbitrator's mandate continued until the final award was issued, and the award was enforceable under section 31 of the Arbitration Act. The High Court's jurisdiction was sufficient to enforce the award against the respondents, who were subject to its authority, regardless of the location of the property or...

Court Disposition

Appeal upheld with costs; order of the court below set aside and replaced with an order making the arbitral award an order of court and dismissing the counter application with costs.

Orders

  • The applicant's application succeeds with costs.
  • The arbitrator's award published on 10 December 2007 is made an order of court in the specified terms regarding property and funds in Rome.