Nkabinde v Commission for Conciliation Mediation and Arbitration and Others (J1812/12)
Nkabinde v Commission for Conciliation Mediation and Arbitration and Others (J1812/12) [2013] ZALCJHB 161 (30 July 2013)
The court held that the determination of whether an incomplete arbitration record justifies remittal for re-arbitration or a stay of review proceedings is a matter for the reviewing court seized with the merits of the review application. The present application, seeking a declaratory order and permanent stay, was premature and not appropriate for decision at this stage. The court found that previous decisions support the principle that remittal is not automatic and must be decided by the court hearing the review. Accordingly, the application was dismissed, and costs were awarded against the a…
Source excerpt
- Incomplete Arbitration Record
- Stay Of Review Proceedings
- Remittal For De Novo Arbitration
- Fair Hearing Rights