Motlokwa Transport and Construction (Pty)Ltd v Palabora Copper (Pty)Ltd (99212/2015) [2016] ZAGPPHC 808 (8 September 2016)

Motlokwa Transport and Construction (Pty)Ltd v Palabora Copper (Pty)Ltd (99212/2015) [2016] ZAGPPHC 808 (8 September 2016)

The court found that the arbitrator acted within the powers granted by the arbitration agreement and the Arbitration Act. The arbitrator considered all relevant issues, including contract formation, cancellation, and quantum of damages. The respondent's allegations of gross irregularity were not substantiated, as the arbitrator's conduct did not prevent a fair hearing. The arbitrator's rulings on pleadings, exceptions, and quantum were made after full argument and in accordance with the parties' agreement. The award was not appealable, and the grounds for review under section 33(1)(b) were not met. Accordingly, the arbitration award was made an order of court and the respondent was...

Citation
[2016] ZAGPPHC 808
Parties
Applicant: Motlokwa Transport and Construction (Pty) Ltd; Respondent: Palabora Copper (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
8 September 2016
Case Number
99212/2015
Procedural Posture
Review Application / Application to Make Arbitration Award an Order of Court; Opposed With Counter Application for Review
Outcome
Application granted. The arbitration award is made an order of court. Respondent to pay costs, including costs of two counsel.
Judges
H.J Fabricius
Legal Topics
Arbitration Act Review, Gross Irregularity, Contract Formation, Specific Performance, Damages Quantification
Civil Procedure Commercial and Corporate Arbitration Act Review Gross Irregularity Contract Formation Specific Performance Damages Quantification

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Parties

Motlokwa Transport and Construction (Pty) Ltd

Applicant

Palabora Copper (Pty) Ltd

Respondent

Procedural Posture

Review Application / Application to Make Arbitration Award an Order of Court; Opposed With Counter Application for Review

Legal Issues

  1. 1 Whether the arbitration award dated 11 December 2015 should be made an order of court.
  2. 2 Whether the arbitrator committed gross irregularities or exceeded his powers under section 33(1)(b) of the Arbitration Act.
  3. 3 Whether the parties had concluded a binding contract and if so, whether it was validly cancelled.

Ratio Decidendi

The court found that the arbitrator acted within the powers granted by the arbitration agreement and the Arbitration Act. The arbitrator considered all relevant issues, including contract formation, cancellation, and quantum of damages. The respondent's allegations of gross irregularity were not substantiated, as the arbitrator's conduct did not prevent a fair hearing. The arbitrator's rulings on pleadings, exceptions, and quantum were made after full argument and in accordance with the parties' agreement. The award was not appealable, and the grounds for review under section 33(1)(b) were not met. Accordingly, the arbitration award was made an order of court and the respondent was...

Court Disposition

Application granted. The arbitration award is made an order of court. Respondent to pay costs, including costs of two counsel.

Orders

  • The arbitration award dated 11 December 2015 is made an order of court.
  • The respondent is ordered to pay the costs of the application, including costs of two counsel.