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South Africa Case Law

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Civil Procedure [2024] ZALMPTHC 26

Thiko Consulting Engineers and Others v University of Venda and Another (161/2022)

Thiko Consulting Engineers and Others v University of Venda and Another (161/2022) [2024] ZALMPTHC 26 (26 March 2024)

The court found that the Respondents, by filing an answering affidavit, had taken a step in the proceedings and were thus precluded from seeking a stay under Section 6(1) of the Arbitration Act. The court further held that the legality challenge to the agreement, which forms the basis of the main application, is a matter for judicial determination and not for arbitration. The arbitration clause cannot be enforced independently of the agreement when the agreement itself is subject to a legality challenge. The court concluded that there is sufficient reason why the dispute should not be referre…

  • Arbitration Act 42 Of 1965
  • Stay Of Proceedings
  • Legality Review
  • Public Procurement
  • Arbitrator Appointment
  • Constitutional Remedy
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Civil Procedure [2009] ZAGPPHC 10

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…

  • Arbitration Agreement Enforceability
  • Building Contract Dispute
  • Arbitrator Appointment
  • Waiver Of Rights
  • Fraud Allegation
  • Costs Award
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.