Framatome v Eskom Holdings SOC Ltd (357/2021)
Framatome v Eskom Holdings SOC Ltd (357/2021) [2021] ZASCA 132; 2022 (2) SA 395 (SCA) (1 October 2021)
The Supreme Court of Appeal held that the adjudicator's Decision 11 is binding and enforceable until set aside by arbitration. Eskom failed to challenge Decision 7 in time and participated in the adjudication process, waiving jurisdictional objections. The adjudicator acted within his jurisdiction, deciding the dispute as referred by the parties, and the contractor's quotation was properly deemed accepted under the contract. The High Court erred by refusing enforcement and introducing subjective discretion. The purpose of adjudication is to provide a speedy, interim resolution of disputes and…
Source excerpt
- Construction Contracts
- Adjudication Enforcement
- Compensation Events
- Interim Payments