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South Africa decisions
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Pristine Seafoods (Pty) Ltd v Collective Dream Studios (Pty) Ltd and Another (3834/2024) [2024] ZAWCHC 294 (9 October 2024)
High Court review of arbitration awards dismissed: the court held the second review was barred by res judicata and issue estoppel and found no bias or denial of a fair hearing.
Minister of International Relations and Co-operation NO and Another v Neo Thando / Elliot Mobility (Pty) Ltd and Another (444/2023) [2024] ZASCA 134; [2025] 1 All SA 31 (SCA) (4 October 2024)
The SCA held that Neo Thando’s unilateral referral to arbitration was invalid because the SLA required mutual consent and no dispute had yet arisen.
Remo Ventures Pty Ltd v Cecile Van Zyl and Others (1262/2022) [2024] ZASCA 9 (26 January 2024)
The Supreme Court of Appeal held that the Sale of Shares agreement was subject to suspensive conditions which were not fulfilled, rendering the agreement void ab initio. The arbitration agreement was predicated on the existence and validity of the SoS agreement and was intended to be part of a single, composite transaction. As such, the arbitration agreement could not survive the lapsing of the SoS agreement. The court found that the parties' intention was for all related agreements to be interdependent, and if one failed, all others would be impacted. The arbitration proceedings and award we…
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Altech Radio Holdings (Pty) Ltd v Aeonova360 Management Services (Pty) Ltd and Another (2023/032374) [2023] ZAGPJHC 631 (5 June 2023)
The High Court dismissed an application to remove an arbitrator for bias and to set aside a recusal ruling, finding no gross irregularity or denial of a fair hearing.
Elsys (Pty) Ltd t/a Electrosystems v BTS Electrical and Mechanical Services (Pty) Ltd (In Liquidation) and Another (21/59086) [2023] ZAGPJHC 624 (5 June 2023)
The High Court dismissed a review of an arbitral award, holding that the applicant failed to prove misconduct, gross irregularity, or excess of powers.
Roux v University of Stellenbosch and Others (6577/22; 11368/15) [2023] ZAWCHC 81; [2023] 3 All SA 248 (WCC) (25 April 2023)
The court found that Mr Roux failed to establish any gross irregularity in the conduct of the arbitration proceedings. The arbitrators correctly applied the law regarding onus and damages, and Mr Roux did not plead or prove that the University received compensatory benefits from his unauthorised expenditure. The factual findings of dishonesty, lack of authority, and actual patrimonial loss were supported by the evidence. The court held that the challenges based on onus, special damages, and constitutional development of the common law were without merit, as neither the pleadings nor the facts…
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OCA Testing and Certification South Africa (Pty) Ltd v KCEC Engineering Construction (Pty) Ltd and Another (1226/2021) [2023] ZASCA 13 (17 February 2023)
The SCA set aside part of an arbitration award after finding the arbitrator failed to decide claims under two agreements, amounting to a gross irregularity.
Eskom Holdings Limited v The Joint Venture of Edison Jehano (Pty) Ltd and KEC International Limited and Others (177/2020) [2021] ZASCA 138 (6 October 2021)
The Supreme Court of Appeal found that the arbitrator did not commit a gross irregularity nor exceed his powers under section 33(1)(b) of the Arbitration Act. The arbitrator considered the pleadings and schedules submitted by both parties and applied the time-bar clauses to all 13 claims, as was argued before him. The Joint Venture was aware of the time-bar defence and had the opportunity to address it. The arbitrator's determination was consistent with the principle of party autonomy and the requirements of speed, efficiency, flexibility, fairness, and finality in arbitration. There was no e…
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OCA Testing Inspection and Certification South Africa (Pty) Ltd v KCEC Engineering and Construction (Pty) Ltd and Another (2172/2021) [2021] ZAGPJHC 136 (6 August 2021)
High Court dismissed an unopposed application to remit and partially set aside an arbitration award, holding the arbitrator had considered all claims.
Beukes v Ten Four Consulting and Others (570/2020) [2021] ZASCA 83 (17 June 2021)
The SCA upheld an appeal against review of an arbitration award, finding no gross irregularity or misconduct and restoring the dismissal of the review application.
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