South Africa Case Law

Atteridgeville Town Council and Another v Costa Livanos t/a Livanos Brothers Electrical (50/91)

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…

Source excerpt

• Arbitration Clause Survival
• Repudiation Of Contract
• Appointment Of Arbitrator
• Arbitration Act Compliance