South Africa Case Law

Transnet (SOC) Limited v Tenova Mining and Minerals South Africa (Pty) Ltd and Another (2022/006083)

Transnet (SOC) Limited v Tenova Mining and Minerals South Africa (Pty) Ltd and Another (2022/006083) [2023] ZAGPPHC 1837 (19 October 2023)

Court

North Gauteng High Court, Pretoria

Case number

2022/006083

Judge

Potterill

The court found that the arbitration was self-administered and not under the auspices of the Association of Arbitrators, so Rule 9 did not bar the court from entertaining the application. Rule 9 is permissive, not mandatory, and does not exclude the operation of section 13(2) of the Arbitration Act. The arbitrator made definitive findings that Transnet had no claim for damages or any other claim and no viable alternative to what it had pleaded, which created a reasonable apprehension of bias. The arbitrator's approach went beyond the scope of exception proceedings and amounted to a final view…

Source excerpt

• Arbitrator Removal
• Perception Of Bias
• Arbitration Act Section 13
• Contractual Interpretation
• Exception Procedure

Sutil NO v Matsepe NO and Ander (3480/2012)

Sutil NO v Matsepe NO and Ander (3480/2012) [2012] ZAFSHC 225 (6 December 2012)

Court

Free State High Court, Bloemfontein

Case number

3480/2012

Judge

C.H.G. van der Merwe, R

The High Court dismissed an application to set aside an arbitrator’s appointment, holding that prior reading of potentially inadmissible material did not prove bias.

• Arbitration Act Section 13
• Impartiality Of Arbitrator
• Admissibility Of Evidence
• Specific Performance
• Arbitrator-bias
• Arbitration-act

Umgeni Water v Hollis NO and Another (11876/10)

Umgeni Water v Hollis NO and Another (11876/10) [2012] ZAKZDHC 10; 2012 (3) SA 475 (KZD) (8 March 2012)

Court

Kwazulu-Natal High Court, Durban

Case number

11876/10

Judge

Van Zyl

High Court refused to remove an arbitrator, finding no objectively reasonable apprehension of bias and dismissing the application with costs.

• Arbitrator Removal
• Perception Of Bias
• Arbitration Act Section 13
• Costs Order
• Recusal Standard
• Arbitrator-removal