South Africa Case Law

Kidrogen RF (Pty) Ltd v Erasmus and Others (18624/2022)

Kidrogen RF (Pty) Ltd v Erasmus and Others (18624/2022) [2023] ZAWCHC 140 (13 June 2023)

Court

Western Cape High Court, Cape Town

Case number

18624/2022

Judge

Wille

Section 8 of the Arbitration Act, 42 of 1965, is limited to arbitration agreements that refer future disputes to arbitration and does not apply to agreements referring existing, specifically defined disputes. The share sale agreements in question referred only existing disputes to arbitration, and the time-bar clause was negotiated at arm's length between parties of equal bargaining power. The applicant failed to comply with the thirty-day time-bar period and only took steps to pursue arbitration more than five months after the deadline. The arbitrator upheld the respondents' special plea, an…

Source excerpt

• Arbitration Time Bar
• Undue Hardship
• Arbitration Act Section 8
• Finality Of Arbitral Award
• Contractual Interpretation

Icon Earthworks (Pty) Ltd v Caliber 293 (Pty) Ltd and Another (10086/2019)

Icon Earthworks (Pty) Ltd v Caliber 293 (Pty) Ltd and Another (10086/2019) [2020] ZAGPPHC 661 (28 October 2020)

Court

North Gauteng High Court, Pretoria

Case number

10086/2019

Judge

G.T. Avvakoumides

The High Court dismissed a review of an arbitral award, holding that alleged errors of fact or law and disputed findings did not amount to reviewable irregularities.

• Arbitration Act Section 33
• Gross Irregularity
• Misconduct Of Arbitrator
• Party Autonomy
• Finality Of Arbitral Award
• Arbitration-review