Volkswagen (SA) Pty Ltd v Koorts and Others (PA10/09)
Volkswagen (SA) Pty Ltd v Koorts and Others (PA10/09) [2011] ZALAC 5; [2011] 6 BLLR 561 (LAC); (2011) 32 ILJ 1892 (LAC) (9 March 2011)
The court held that although the parties laboured under a common error regarding the review standard applicable to the arbitration award, this error was not material to the validity of the arbitration agreement. The agreement was severable, and the portion purporting to impose an obligation on the court could be deleted without affecting the parties' bargain. The arbitrator's award could only be reviewed on the narrow grounds set out in section 33 of the Arbitration Act. The arbitrator did not commit misconduct or gross irregularity in relation to charges one, two, and four, but failed to app…
Source excerpt
- Arbitration Agreement Validity
- Common Mistake
- Review Of Arbitration Award
- Grounds For Dismissal
- Code Of Good Practice
- Remittal Of Award