South Africa Case Law

Swedish Credit Export Agency v Sacks Packaging (Pty) Ltd (D1850/2024)

Swedish Credit Export Agency v Sacks Packaging (Pty) Ltd (D1850/2024) [2024] ZAKZDHC 91 (5 December 2024)

Court

Kwazulu-Natal High Court, Durban

Case number

D1850/2024

Judge

Tucker AJ

The High Court made ICC arbitration awards an order of court and enforced payment, rejecting a challenge to the existence of the arbitration agreement.

• International Arbitration Act
• Recognition And Enforcement Of Foreign Awards
• Competence Competence
• Arbitration Agreement Existence
• Quasi Mutual Assent
• International-arbitration

Canton Trading 17 (Pty) Ltd t/a Cube Architects v Fanti Bekker Hattingh N O (479/2020)

Canton Trading 17 (Pty) Ltd t/a Cube Architects v Fanti Bekker Hattingh N O (479/2020) [2021] ZASCA 163; 2022 (4) SA 420 (SCA) (1 December 2021)

Court

Supreme Court of Appeal

Case number

479/2020

Judges

Saldulker, Mathopo, Mocumie, Phatshoane, Unterhalter

The Supreme Court of Appeal held that there was a thorough dispute of fact as to whether the parties had concluded a binding arbitration agreement. The high court erred by deciding the existence of the arbitration agreement on motion, without referring the matter to oral evidence or considering the principles of separability and competence-competence. The PSP referenced the AFSA rules, which empower arbitrators to determine their own jurisdiction, but Canton Trading disputed ever consenting to those terms. Where the very existence of the arbitration agreement is challenged, the court must not…

Source excerpt

• Arbitration Agreement Existence
• Competence Competence
• Separability Doctrine
• Motion Proceedings
• Contractual Autonomy