South Africa Case Law

Seabeach Property Investment No 28 v Nunn (18310/18)

Seabeach Property Investment No 28 v Nunn (18310/18) [2019] ZAWCHC 9 (22 February 2019)

Court

Western Cape High Court, Cape Town

Case number

18310/18

Judge

Le Grange

The court held that the arbitration clause in the sale agreement was drafted to be severable and to survive any invalidity or termination of the principal contract. The parties expressly agreed that disputes regarding formation, validity, enforceability, and rectification of the agreement would be referred to arbitration. The factual matrix in this case was distinguishable from prior authorities where fraud was proven or common cause. Here, the respondent alleged a fundamental mistake induced by misrepresentation, but did not allege fraud. The court found that the parties intended to ring-fen…

Source excerpt

• Arbitration Clause Enforceability
• Contract Void Or Voidable
• Misrepresentation
• Severability Of Arbitration Clause

North East Finance (Pty) Ltd v Standard Bank of South Africa Ltd (492/12)

North East Finance (Pty) Ltd v Standard Bank of South Africa Ltd (492/12) [2013] ZASCA 76; 2013 (5) SA 1 (SCA); [2013] 3 All SA 291 (SCA) (29 May 2013)

Court

Supreme Court of Appeal

Case number

492/12

Judges

Lewis, Ponnan, Shongwe, Saldulker, Zondi

The SCA held that an arbitration clause did not bind a party alleging substantiated fraud inducing the contract, and dismissed the appeal.

• Arbitration Clause Enforceability
• Fraudulent Inducement
• Contract Interpretation
• Separability Of Arbitration Agreement
• Arbitration-clause-enforceability
• Fraudulent-inducement

Terra Marine SA v MV "Iran Dastghayb" and Others (A148/2005)

Terra Marine SA v MV "Iran Dastghayb" and Others (A148/2005) [2009] ZAKZDHC 47 (29 October 2009)

Court

Kwazulu-Natal High Court, Durban

Case number

A148/2005

Judge

Patel

The KwaZulu-Natal High Court dismissed an application to stay an in rem admiralty action pending London arbitration, holding the vessel owner could not invoke the arbitration clause.

• Admiralty Jurisdiction Regulation Act
• Arbitration Clause Enforceability
• Associated Ship Liability
• Stay Of Proceedings
• Admiralty-law
• Arbitration-clause-enforceability