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South Africa decisions
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Eskom Holdings SOC Limited v TSSA (Pty) Ltd and Others (038256/2022) [2023] ZAGPJHC 1469 (21 December 2023)
The High Court partly granted Eskom’s interdict application, staying the claims dispute merits pending arbitration, but dismissed requests tied to SIU investigation and termination.
DBT Technologies Proprietary Limited v MHI Power ZAF Proprietary Limited and Others (20/44373) [2023] ZAGPJHC 412 (2 May 2023)
The High Court dismissed an application to amend a notice of motion, holding the proposed amendment did not advance the real issues and was not in the interests of justice.
Bombardier Africa Alliance Consortium v Passenger Rail Agency of South Africa (65099/2017) [2018] ZAGPPHC 413 (18 May 2018)
The court held that the contract expressly provides that the DAB decision is binding and must be promptly given effect to unless and until it is revised by amicable settlement or arbitrable award. The respondent's notice of dissatisfaction and referral to arbitration do not suspend its obligation to comply with the DAB decision. Clause 20.7 only applies where no notice of dissatisfaction is given, which is not the case here. The court found that the respondent's late attempt to introduce an oral agreement regarding milestone payments was unsupported and irregular. The applicant is entitled to…
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Tubular Holdings (Pty) Ltd v DBT Technologies (Pty) Ltd (06757/2013) [2013] ZAGPJHC 155; 2014 (1) SA 244 (GSJ) (3 May 2013)
The court held that the FIDIC dispute resolution mechanism requires parties to promptly give effect to a DAB decision, which is binding unless and until revised by arbitration or agreement. The issuance of a notice of dissatisfaction does not suspend this obligation; it merely triggers the right to seek revision in arbitration. The court found the contractual wording clear and consistent with industry practice and previous judgments, including Bombela, Stocks & Stocks, and Freeman NO v Eskom Holdings. The DAB's determination that the subcontract is re-measurable applies to the entire contract…
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Esor Africa (Pty) Ltd/ Franki Africa (Pty) Ltd Joint Venture v Bombela Civils Joint Venture (Pty) Ltd (12/7442) [2013] ZAGPJHC 407 (12 February 2013)
High Court enforcement of a FIDIC DAB decision: notice of dissatisfaction did not suspend the obligation to pay pending arbitration.
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