KNS Construction (Pty) Ltd v Genesis Partnership (9861/2016)
KNS Construction (Pty) Ltd v Genesis Partnership (9861/2016) [2016] ZAGPJHC 273 (9 September 2016)
On a proper interpretation of the arbitration agreement, both parties were afforded a right of appeal, including the right to cross-appeal. The agreement expressly incorporated the High Court Rules, which govern the computation of time and appeal procedures. The respondent's cross-appeal was served within the prescribed period as calculated by the rules of court. Even if the cross-appeal were out of time, the respondent would be entitled to seek condonation or extension. In the absence of any application to set aside the cross-appeal as irregular, it remains valid and pending. Consequently, t…
Source excerpt
- Arbitration Award Enforcement
- Arbitration Appeal Rights
- Computation Of Time
- Cross Appeal Procedure