South Africa Case Law

Vodacom Group Limited v Congolese Wireless Network SARL and Another (30053/2020)

Vodacom Group Limited v Congolese Wireless Network SARL and Another (30053/2020) [2021] ZAGPJHC 793 (7 December 2021)

Court

South Gauteng High Court, Johannesburg

Case number

30053/2020

Judge

Booysen

High Court decision enforcing arbitral awards under the Arbitration Act and rejecting a de bonis propriis costs award against an attorney who was not a party to the arbitration.

• Arbitration Act 42 Of 1965
• Enforcement Of Arbitral Award
• Jurisdiction Of Arbitrator
• Costs De Bonis Propriis
• Attorney Liability
• Arbitration Agreement Scope

Tzaneng Treated Timbers (Pty) Ltd v Komatiland Forest Soc Limited and Another (43966/2020)

Tzaneng Treated Timbers (Pty) Ltd v Komatiland Forest Soc Limited and Another (43966/2020) [2021] ZAGPPHC 376; 2021 BIP 3 (GP) (22 June 2021)

Court

North Gauteng High Court, Pretoria

Case number

43966/2020

Judge

Van Zyl AJ

The High Court dismissed an application for declaratory relief about arbitration jurisdiction in a timber supply dispute, and ordered the applicant to pay costs.

• Arbitration Agreement Scope
• Jurisdiction Of Arbitrator
• Declaratory Relief
• Contractual Interpretation
• Arbitration-agreement-scope
• Arbitrator-jurisdiction

Lubbe Construction v Mahon and Another (07717/17)

Lubbe Construction v Mahon and Another (07717/17) [2017] ZAGPJHC 224 (4 August 2017)

Court

South Gauteng High Court, Johannesburg

Case number

07717/17

Judge

Trengove

The court found that the parties had entered into a valid, written arbitration agreement independent of the original contract, which encompassed not only the dispute regarding the validity of the contract's cancellation but also the remedies flowing from it, including the Municipality's claim for damages. The applicant's unilateral withdrawal of its dispute did not remove the arbitrator's jurisdiction to determine the Municipality's claim, as the scope of the arbitration agreement was sufficiently broad. The non-variation clause in the contract did not invalidate the arbitration agreement, as…

Source excerpt

• Arbitration Agreement Scope
• Contract Termination
• Performance Guarantee
• Jurisdiction Of Arbitrator