Altech Radio Holdings (Pty) Ltd v Aeonova360 Management Services (Pty) Ltd and Another [2023] ZAGPJHC 1096 (29 September 2023)
Court
South Gauteng High Court, Johannesburg
Case number
2023-032374
Judge
Moorcroft AJ
Leave to appeal was dismissed in an arbitration-related dispute involving an arbitral award set aside for gross irregularity and the arbitrator’s appointment.
What A Functionality (Pty) Ltd v eStudy (Pty) Ltd and Others (14579/2020) [2022] ZAGPPHC 127 (15 February 2022)
Court
North Gauteng High Court, Pretoria
Case number
14579/2020
Judge
Phahlamohlaka A.J.
The court set aside an arbitrator’s appointment and award for not complying with the SLA’s appointment procedure, but left the arbitration agreement intact.
Atteridgeville Town Council and Another v Costa Livanos t/a Livanos Brothers Electrical (50/91) [1991] ZASCA 139; 1992 (1) SA 296 (AD); [1992] 1 All SA 274 (A) (27 September 1991)
Court
Supreme Court of Appeal
Case number
50/91
Judges
Botha, Smalberger, Nestadt, FH Grosskopf, Van den Heever
The Supreme Court of Appeal held that the arbitration clause survived the termination of the contract by repudiation, as the clause was intended to provide machinery for resolving disputes even after the primary obligations under the contract had ended. The Court found no express or implied intention in the clause to restrict arbitration solely to the named arbitrator, Weyers, and thus the parties were entitled to appoint a substitute arbitrator in terms of the Arbitration Act. The Court further determined that Livanos substantially complied with the procedural requirements of the Act for app…
