Shazi Developments (Pty) Ltd v Elkon Construction CC and Another (08/33274)
Shazi Developments (Pty) Ltd v Elkon Construction CC and Another (08/33274) [2009] ZAGPPHC 10 (19 March 2009)
The court found that the agreement of 16 May 2007 did not cancel the original building contract or the arbitration clause, but merely amended certain terms and obligations. The arbitration agreement remained valid and binding, and the appointment of the arbitrator was properly agreed upon by both parties, both orally and in writing. The Applicant's arguments regarding procedural irregularities, forgery, and fraud were rejected as lacking merit or relevance. The Applicant failed to show good cause for release from the arbitration agreement or for staying the proceedings. The court exercised it…
Source excerpt
- Arbitration Agreement Enforceability
- Building Contract Dispute
- Arbitrator Appointment
- Waiver Of Rights
- Fraud Allegation
- Costs Award