South Africa Case Law

Krohne (Pty) Ltd v Strategic Fuel Fund Association (476/2023)

Krohne (Pty) Ltd v Strategic Fuel Fund Association (476/2023) [2024] ZASCA 99 (14 June 2024)

Court

Supreme Court of Appeal

Case number

476/2023

Judges

Nicholls, Mothle, Molefe, Smith, Mbhele

The Supreme Court of Appeal held that the high court erred in dismissing the appellant's claim on a point in limine. The parties had agreed in the interim award that the findings of the independent expert would be final and binding. The SGS report constituted the cause of action, and the appellant's claim was founded on that report. The high court misconstrued the issue by focusing on the validity of the interim award rather than whether the SGS report satisfied the agreed condition precedent for payment. The interim award, as defined by the Arbitration Act, was valid, and the settlement agre…

Source excerpt

• Arbitration Act 42 Of 1965
• Enforcement Of Arbitral Award
• Settlement Agreement
• Expert Determination
• Cause Of Action
• Interim Award

Seokodibeng Properties Developer Elias Homes CC JV v MEC for Public Works & Infrastructure Limpopo and Another (7562/23)

Seokodibeng Properties Developer Elias Homes CC JV v MEC for Public Works & Infrastructure Limpopo and Another (7562/23) [2024] ZALMPPHC 151 (4 June 2024)

Court

Limpopo High Court, Polokwane

Case number

7562/23

Judge

Diamond

The High Court made a consolidated arbitration award an order of court and ordered the respondent to comply, granting attorney-and-client costs.

• Arbitration Award Enforcement
• Construction Contract Dispute
• Interim Award
• Costs Punitive Order
• Arbitration-award-enforcement
• Construction-contract-dispute

Bike Mob (Pty) Ltd and Others v Arbitrator and Another (7496/2020)

Bike Mob (Pty) Ltd and Others v Arbitrator and Another (7496/2020) [2021] ZAWCHC 120 (21 June 2021)

Court

Western Cape High Court, Cape Town

Case number

7496/2020

Judge

J Cloete

The High Court held that an arbitrator could issue an interim ruling on fees under the lease arbitration clause and dismissed a bias-based removal application.

• Arbitration Award Review
• Arbitrator Removal
• Contractual Interpretation
• Interim Award
• Perceived Bias
• Arbitration

Petersen and Another v Sizwentsaluba VSP (24218/2012)

Petersen and Another v Sizwentsaluba VSP (24218/2012) [2013] ZAWCHC 83 (5 June 2013)

Court

Western Cape High Court, Cape Town

Case number

24218/2012

Judge

A.G. Binns-Ward

The High Court held that it could not decide the sufficiency of an account rendered under an interim arbitration award made an order of court; that issue belonged to the arbitrator.

• Arbitration Act Enforcement
• Interim Award
• Jurisdiction Of Court
• Debate Of Account
• Partnership Agreement
• Rectification Claim