Mdia's Travel CC v Siyaya Teledata Comm And Couriers CC (2730/14, 2807/15) [2015] ZAECMHC 61 (16 July 2015)

Mdia's Travel CC v Siyaya Teledata Comm And Couriers CC (2730/14, 2807/15) [2015] ZAECMHC 61 (16 July 2015)

The court found that the arbitration agreement, specifically clause 14, empowered the parties to appoint the arbitrator and issue notices themselves, subject to the proviso that the arbitrator be an advocate with at least 15 years' experience appointed by the President of the Bar Council. The reference to AFSA rules did not require the dispute to be registered with AFSA or for AFSA to conduct the proceedings. The respondent's objections based on procedural non-compliance were unfounded, as the parties had retained control over the arbitration process. The arbitrator had jurisdiction, and the arbitration award was valid. The respondent's failure to attend the arbitration hearing was not...

Citation
[2015] ZAECMHC 61
Parties
Applicant: Mdia's Travel CC; Respondent: Siyaya Teledata Comm and Couriers CC
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
16 July 2015
Case Number
2730/14, 2807/14
Procedural Posture
Urgent Application / Application to Make Arbitration Award an Order of Court; Consolidated Opposed Motion
Outcome
Application to make the arbitration award an order of court granted; respondent's application dismissed.
Judges
Z. M. Nhlangulela
Legal Topics
Arbitration Act 42 of 1965, Enforcement of Arbitration Award, Contractual Interpretation, Jurisdiction of Arbitrator
Civil Procedure Commercial and Corporate Arbitration Act 42 of 1965 Enforcement of Arbitration Award Contractual Interpretation Jurisdiction of Arbitrator

Case Brief

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Parties

Mdia's Travel CC

Applicant

Siyaya Teledata Comm and Couriers CC

Respondent

Procedural Posture

Urgent Application / Application to Make Arbitration Award an Order of Court; Consolidated Opposed Motion

Legal Issues

  1. 1 Whether the arbitration proceedings held on 15 July 2014 were a nullity due to alleged non-compliance with the arbitration agreement and AFSA rules.
  2. 2 Whether the arbitrator had jurisdiction to preside over the dispute.
  3. 3 Whether the arbitration award should be made an order of court under section 31(1) of the Arbitration Act 42 of 1965.

Ratio Decidendi

The court found that the arbitration agreement, specifically clause 14, empowered the parties to appoint the arbitrator and issue notices themselves, subject to the proviso that the arbitrator be an advocate with at least 15 years' experience appointed by the President of the Bar Council. The reference to AFSA rules did not require the dispute to be registered with AFSA or for AFSA to conduct the proceedings. The respondent's objections based on procedural non-compliance were unfounded, as the parties had retained control over the arbitration process. The arbitrator had jurisdiction, and the arbitration award was valid. The respondent's failure to attend the arbitration hearing was not...

Court Disposition

Application to make the arbitration award an order of court granted; respondent's application dismissed.

Orders

  • The arbitration award delivered on 21 August 2014 by the arbitrator is made an order of this Court.
  • The application under Case No. 2807/14 is dismissed.