Bidoli v Bidoli (2982/08) [2010] ZAWCHC 39 (15 March 2010)

Bidoli v Bidoli (2982/08) [2010] ZAWCHC 39 (15 March 2010)

The court held that an arbitral award made by consent, which simply incorporates the terms of a settlement agreement reached during arbitration, constitutes a valid award capable of being made an order of court under section 31 of the Arbitration Act. The arbitration agreement expressly provided for enforcement of the award as a court order. The arbitrator retained jurisdiction to publish the award, as the settlement did not automatically terminate the arbitration proceedings; rather, it required the arbitrator to adjudicate the enforceability of the agreement. The respondent's argument that the award was void ab initio due to mistake was not pursued at the hearing, and the court found no...

Citation
[2010] ZAWCHC 39
Parties
Applicant: Guido Bruno Bidoli; Respondent: Barbara Lieselotte Bidoli; Respondent: Romolo Bidoli
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
15 March 2010
Case Number
2982/08
Procedural Posture
Urgent Application / Application to Make Arbitral Award an Order of Court; Counter Application to Set Aside Award
Outcome
Application granted; arbitral award confirmed and made an order of court.
Judges
Fourie
Legal Topics
Arbitration Award Enforcement, Consent Award, Arbitration Act Section 31, Settlement Agreement, Award by Consent
Civil Procedure Commercial and Corporate Arbitration Award Enforcement Consent Award Arbitration Act Section 31 Settlement Agreement Award by Consent

Case Brief

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Parties

Guido Bruno Bidoli

Applicant

Barbara Lieselotte Bidoli

Respondent

Romolo Bidoli

Respondent

Procedural Posture

Urgent Application / Application to Make Arbitral Award an Order of Court; Counter Application to Set Aside Award

Legal Issues

  1. 1 Whether an arbitral award made by consent, incorporating a settlement agreement, constitutes a valid award capable of being made an order of court.
  2. 2 Whether the arbitrator had jurisdiction to publish an award after the parties settled their disputes.
  3. 3 Whether the award and settlement agreement are void ab initio due to alleged mistake.

Ratio Decidendi

The court held that an arbitral award made by consent, which simply incorporates the terms of a settlement agreement reached during arbitration, constitutes a valid award capable of being made an order of court under section 31 of the Arbitration Act. The arbitration agreement expressly provided for enforcement of the award as a court order. The arbitrator retained jurisdiction to publish the award, as the settlement did not automatically terminate the arbitration proceedings; rather, it required the arbitrator to adjudicate the enforceability of the agreement. The respondent's argument that the award was void ab initio due to mistake was not pursued at the hearing, and the court found no...

Court Disposition

Application granted; arbitral award confirmed and made an order of court.

Orders

  • The arbitral award published on 10 December 2007 is confirmed and made an order of court in terms of section 31 of the Arbitration Act No. 42 of 1965.
  • Any party is entitled to use this order to facilitate registration and enforcement in Rome, Italy, regarding the property and bank account as set out in the award.