Icon Earthworks (Pty) Ltd v Caliber 293 (Pty) Ltd and Another (10086/2019) [2021] ZAGPPHC 201 (6 April 2021)

Icon Earthworks (Pty) Ltd v Caliber 293 (Pty) Ltd and Another (10086/2019) [2021] ZAGPPHC 201 (6 April 2021)

The court found that the applicant failed to demonstrate any procedural irregularity, misconduct, or excess of powers by the arbitrator that would justify leave to appeal. The grounds advanced by the applicant, including the alleged unusability of the award and failure to address penalties, were either not argued in the main application or did not constitute reviewable irregularities under the Arbitration Act. The court held that errors of fact or law by the arbitrator, even if present, do not amount to gross irregularity or misconduct. The submissions regarding the Conventional Penalties Act and the alleged unsustainable award were new arguments not previously raised and thus could not...

Citation
[2021] ZAGPPHC 201
Parties
Applicant: Icon Earthworks (Pty) Ltd; Respondent: Caliber 293 (Pty) Ltd; Respondent: P L Goldstein N.O.
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
6 April 2021
Case Number
10086/2019
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application
Outcome
Application for leave to appeal dismissed with costs.
Judges
G.T. Avvakoumides
Legal Topics
Arbitration Review, Procedural Irregularity, Gross Irregularity, Leave to Appeal, Arbitrator Misconduct
Alternative Dispute Resolution Civil Procedure Arbitration Review Procedural Irregularity Gross Irregularity Leave to Appeal Arbitrator Misconduct

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Icon Earthworks (Pty) Ltd

Applicant

Caliber 293 (Pty) Ltd

Respondent

P L Goldstein N.O.

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application

Legal Issues

  1. 1 Whether the applicant has shown grounds for leave to appeal against the dismissal of its review of the arbitration award.
  2. 2 Whether the arbitrator committed misconduct, gross irregularity, or exceeded his powers in the conduct of the arbitration.
  3. 3 Whether the arbitration award is unenforceable or unusable, justifying review or appeal.

Ratio Decidendi

The court found that the applicant failed to demonstrate any procedural irregularity, misconduct, or excess of powers by the arbitrator that would justify leave to appeal. The grounds advanced by the applicant, including the alleged unusability of the award and failure to address penalties, were either not argued in the main application or did not constitute reviewable irregularities under the Arbitration Act. The court held that errors of fact or law by the arbitrator, even if present, do not amount to gross irregularity or misconduct. The submissions regarding the Conventional Penalties Act and the alleged unsustainable award were new arguments not previously raised and thus could not...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed.
  • The applicant is ordered to pay the costs of the application.