Gutsche Family Investments (Pty) Ltd and Others v Mettle Equity Group (Pty) Ltd and Others (133/06)
Gutsche Family Investments (Pty) Ltd and Others v Mettle Equity Group (Pty) Ltd and Others (133/06) [2007] ZASCA 45; [2007] 3 All SA 223 (SCA); 2007 (5) SA 491 (SCA) (29 March 2007)
The Supreme Court of Appeal held that, under the AFSA rules incorporated into the arbitration agreement, the appealability of an arbitrator’s interim award depends on whether such an order would be appealable to the Supreme Court of Appeal if made by the High Court. Since the dismissal of an exception is not appealable in the High Court, it is likewise not appealable in arbitration unless the parties expressly agree otherwise, which they did not. Furthermore, the appeal arbitrator did not have the power to finally determine his own jurisdiction in the absence of a clear agreement conferring s…
Source excerpt
- Arbitration Agreement
- Appealability Of Interim Awards
- Jurisdiction Of Arbitrator
- Arbitration Act
- Afsa Rules