Emalini Enterprises 15 CC and Another v Grains For Africa Commodity Brokers (Pty) Ltd and Others (2021/11461)
Emalini Enterprises 15 CC and Another v Grains For Africa Commodity Brokers (Pty) Ltd and Others (2021/11461) [2023] ZAGPJHC 1333 (20 November 2023)
The court found that the arbitrator did not exceed his mandate or commit gross irregularity in awarding damages under Claim B, as the reference to 'penalty' was interpreted in context as financial damages and not as a contractual penalty. No direct evidence of misconduct was presented, and the arbitrator's reasoning was not so grossly flawed as to warrant interference. The punitive costs order, though overlapping in rationale with attorney-client costs, was within the arbitrator's discretion under section 35 of the Arbitration Act. However, the argument of duplication was substantiated, but n…
Source excerpt
- Arbitration Act 42 Of 1965
- Arbitrator Mandate
- Gross Irregularity
- Punitive Costs
- Prescription Of Claims
- Sanctity Of Contract