Remo Ventures Pty Ltd v Cecile Van Zyl and Others (1262/2022)
Remo Ventures Pty Ltd v Cecile Van Zyl and Others (1262/2022) [2024] ZASCA 9 (26 January 2024)
The Supreme Court of Appeal held that the Sale of Shares agreement was subject to suspensive conditions which were not fulfilled, rendering the agreement void ab initio. The arbitration agreement was predicated on the existence and validity of the SoS agreement and was intended to be part of a single, composite transaction. As such, the arbitration agreement could not survive the lapsing of the SoS agreement. The court found that the parties' intention was for all related agreements to be interdependent, and if one failed, all others would be impacted. The arbitration proceedings and award we…
Source excerpt
- Arbitration Agreement Nullity
- Suspensive Condition
- Specific Performance
- Contract Interpretation
- Composite Transaction
- Arbitration Act 1965