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South Africa Case Law

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Civil Procedure [2017] ZASCA 120

State Information Technology Agency Soc Limited v ELCB Information Services (Pty) Ltd and Another (995/16)

State Information Technology Agency Soc Limited v ELCB Information Services (Pty) Ltd and Another (995/16) [2017] ZASCA 120 (22 September 2017)

Court
Supreme Court of Appeal
Case number
995/16
Judges
Shongwe, Majiedt, Plasket, Tsoka, Rogers

The Supreme Court of Appeal found that none of the grounds advanced by the appellant constituted gross irregularities as contemplated by section 33(1)(b) of the Arbitration Act. The appellant was not excluded from the arbitration; it voluntarily left the proceedings after its application was dismissed. The arbitrator was entitled to proceed in the appellant's absence. The respondent's version regarding the second agreement was plausible and supported by conduct and payments over several years. Letters of demand were sent, justifying the award of interest. The arbitrator provided written reaso…

Source excerpt

  • Arbitration Review
  • Gross Irregularity
  • Arbitration Act
  • Contractual Dispute
  • Award Enforcement
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Civil Procedure [2014] ZAWCHC 93

Marble Classic Exclusive Warehouse for Natural Stones Cape (Pty) Ltd and Another v A.R Sholto-Douglas SC and Another (3521/14)

Marble Classic Exclusive Warehouse for Natural Stones Cape (Pty) Ltd and Another v A.R Sholto-Douglas SC and Another (3521/14) [2014] ZAWCHC 93 (19 June 2014)

Court
Western Cape High Court, Cape Town
Case number
3521/14
Judge
Gamble

The court held that neither mistakes of law nor fact by the arbitrator constitute reviewable misconduct or gross irregularity under section 33(1) of the Arbitration Act. The applicants failed to establish any procedural misconduct, mala fides, or moral turpitude in the conduct of the arbitration proceedings. The arbitrator acted within his mandate and was entitled to be wrong on the merits. The court further found that it was not permissible to assess the validity of the lease scheme to avoid stamp duty in review proceedings, as this would amount to an appeal rather than a review. Since the a…

Source excerpt

  • Arbitration Review
  • Gross Irregularity
  • Stamp Duties Act
  • Contract Validity
  • Award Enforcement
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.