Swedish Credit Export Agency v Sacks Packaging (Pty) Ltd (D1850/2024) [2024] ZAKZDHC 91 (5 December 2024)

Swedish Credit Export Agency v Sacks Packaging (Pty) Ltd (D1850/2024) [2024] ZAKZDHC 91 (5 December 2024)

The applicant satisfied the requirements of section 17 of the International Arbitration Act by producing authenticated copies of the arbitration awards and the underlying agreement. The respondent's challenge to the existence of an arbitration agreement was already determined by the ICC, which found jurisdiction based on the purchase orders and invoices incorporating the General Trade Rules for Paper and Paper Board. The respondent failed to challenge the ICC's jurisdiction in the seat of arbitration (Paris) as permitted under Article 16(3) of the Act. The respondent did not discharge the reverse onus under section 18(1)(b) to prove any permissible defence to enforcement. The court's role...

Citation
[2024] ZAKZDHC 91
Parties
Applicant: Swedish Credit Export Agency; Respondent: Sacks Packaging (Pty) Ltd
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
5 December 2024
Case Number
D1850/2024
Procedural Posture
Urgent Application / Application to Make Foreign Arbitral Award an Order of Court
Outcome
Application granted. The ICC arbitration awards are made orders of court. Respondent to pay the sums awarded and costs.
Judges
Tucker AJ
Legal Topics
International Arbitration Act, Recognition and Enforcement of Foreign Awards, Competence Competence, Arbitration Agreement Existence, Quasi Mutual Assent
Civil Procedure Commercial and Corporate International Arbitration Act Recognition and Enforcement of Foreign Awards Competence Competence Arbitration Agreement Existence Quasi Mutual Assent

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Parties

Swedish Credit Export Agency

Applicant

Sacks Packaging (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Application to Make Foreign Arbitral Award an Order of Court

Legal Issues

  1. 1 Whether the ICC arbitration awards should be made orders of court under section 16 of the International Arbitration Act 15 of 2017.
  2. 2 Whether a valid arbitration agreement existed between the parties.
  3. 3 Whether the respondent has established any permissible defence under section 18 of the Act to resist enforcement of the awards.

Ratio Decidendi

The applicant satisfied the requirements of section 17 of the International Arbitration Act by producing authenticated copies of the arbitration awards and the underlying agreement. The respondent's challenge to the existence of an arbitration agreement was already determined by the ICC, which found jurisdiction based on the purchase orders and invoices incorporating the General Trade Rules for Paper and Paper Board. The respondent failed to challenge the ICC's jurisdiction in the seat of arbitration (Paris) as permitted under Article 16(3) of the Act. The respondent did not discharge the reverse onus under section 18(1)(b) to prove any permissible defence to enforcement. The court's role...

Court Disposition

Application granted. The ICC arbitration awards are made orders of court. Respondent to pay the sums awarded and costs.

Orders

  • The ICC arbitration awards (partial award on jurisdiction dated 10 February 2022 and final award dated 4 September 2023) are made orders of court.
  • The respondent is directed to pay the applicant €5,972,709.51 with simple interest of 12% per annum on each invoice from the respective due dates to date of final payment, as set out in paragraph 205(a) of the arbitration award.