South Africa Case Law

Industrial Development Corporation of South Africa Limited and Another v Kalagadi Manganese (Pty) Ltd (661/2024)

Industrial Development Corporation of South Africa Limited and Another v Kalagadi Manganese (Pty) Ltd (661/2024) [2025] ZASCA 70 (30 May 2025)

Court

Supreme Court of Appeal

Case number

661/2024

Judges

Meyer, Matojane, Kathree-Setiloane, Unterhalter, Vally

The SCA held that the loan agreement’s arbitration clause was peremptory, stayed the application pending arbitration, and upheld the appeal.

• International Arbitration
• Stay Of Proceedings
• Contractual Dispute Resolution
• Immunity Of International Organisations
• Business Rescue
• Joinder Of Parties

Kapci Coatings S.A.E v Kapci Coatings SA CC and Another (042768/2023)

Kapci Coatings S.A.E v Kapci Coatings SA CC and Another (042768/2023) [2024] ZAGPJHC 450 (2 May 2024)

Court

South Gauteng High Court, Johannesburg

Case number

042768/2023

Judge

Twala M L

The court found that the second respondent, although initially signing the distribution agreement in a representative capacity, subsequently signed an acknowledgement and debt account in his personal capacity, thereby binding himself to the terms of the agreement and its arbitration clause. The arbitral tribunal in Egypt had jurisdiction over both respondents, and the award was final and binding. The applicant complied with all statutory requirements for enforcement under the International Arbitration Act, and the respondent failed to demonstrate any exceptional circumstances or statutory gro…

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• International Arbitration
• Enforcement Of Foreign Awards
• Public Policy Exception
• Contractual Liability
• Acknowledgement Of Debt

IDS Industry Service and Plant Construction South Africa (Pty) Ltd v Industrius D.O.O. (A5010/2022 ; 15862/2020)

IDS Industry Service and Plant Construction South Africa (Pty) Ltd v Industrius D.O.O. (A5010/2022 ; 15862/2020) [2023] ZAGPJHC 637 (5 June 2023)

Court

South Gauteng High Court, Johannesburg

Case number

A5010/2022 ; 15862/2020

Judges

L. Windell, D.C. Fisher, A.A. Crutchfield

The High Court dismissed a stay application pending related litigation and upheld enforcement of an international arbitral award, finding no real prospects of success.

• International Arbitration
• Enforcement Of Foreign Awards
• Stay Of Execution
• Res Judicata
• Set Off
• Unjust Enrichment

Tee Que Trading Services (Pty) Ltd v Oracle Corporation South Africa (Pty) Ltd and Another (065/2021)

Tee Que Trading Services (Pty) Ltd v Oracle Corporation South Africa (Pty) Ltd and Another (065/2021) [2022] ZASCA 68 (17 May 2022)

Court

Supreme Court of Appeal

Case number

065/2021

Judges

Dambuza, Mocumie, Dlodlo, Meyer, Smith

The Supreme Court of Appeal held that later Oracle network agreements did not displace earlier arbitration and governing-law clauses in the licence agreements.

• Arbitration Clause
• Governing Law Clause
• Stay Of Proceedings
• International Arbitration
• Contract Variation
• Arbitration-clause

Industrius D.O.O v IDS Industry Service and Plant Construction South Africa (Pty) Ltd (2020/15862)

Industrius D.O.O v IDS Industry Service and Plant Construction South Africa (Pty) Ltd (2020/15862) [2021] ZAGPJHC 350 (20 August 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2020/15862

Judge

Senyatsi

The High Court made an international arbitral award an order of court, rejecting attempts to stay enforcement based on a pending counterclaim action.

• International Arbitration
• Enforcement Of Arbitral Award
• Stay Of Enforcement
• Res Judicata
• Model Law Application
• International-arbitration

Vodacom International Limited and Another v Mabanga (17/29804)

Vodacom International Limited and Another v Mabanga (17/29804) [2019] ZAGPJHC 551 (12 December 2019)

Court

South Gauteng High Court, Johannesburg

Case number

17/29804

Judge

Notshe

The High Court enforced an ICC arbitral award, rejecting a public policy objection based on a claimed visa-related absence from the arbitration.

• Recognition And Enforcement Of Foreign Arbitral Awards
• Public Policy Exception
• International Arbitration
• Costs Order
• Foreign-arbitral-award-enforcement
• Public-policy

Vedanta Resources Holdings Limited v ZCCM Investment Holdings PLC and Another (2019/23462)

Vedanta Resources Holdings Limited v ZCCM Investment Holdings PLC and Another (2019/23462) [2019] ZAGPJHC 250 (23 June 2019)

Court

South Gauteng High Court, Johannesburg

Case number

2019/23462

Judge

L R Adams

The court found that the disputes underlying the Zambian winding-up proceedings are arbitrable under the shareholders' agreement, which contains a broadly worded arbitration clause covering any dispute relating to the agreement. Johannesburg was chosen as the seat of arbitration, conferring exclusive supervisory jurisdiction on the South African court. The court held that the doctrine of effectiveness is no longer a strict barrier to jurisdiction where there is a sufficient link, such as the seat of arbitration. The plea of lis pendens was rejected because, although parallel proceedings exist…

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• International Arbitration
• Shareholders Agreement
• Interim Interdict
• Exclusive Jurisdiction Clause
• Lis Pendens
• Anti Suit Injunction

Atakas Ticaret VE Nakliyat AS v Glencore International AG (768/2018)

Atakas Ticaret VE Nakliyat AS v Glencore International AG (768/2018) [2019] ZASCA 77; 2019 (5) SA 379 (SCA) (30 May 2019)

Court

Supreme Court of Appeal

Case number

768/2018

Judges

Ponnan, Swain, Zondi, Schippers, Gorven

The Supreme Court of Appeal held that the International Arbitration Act did not remove admiralty joinder discretion and allowed Glencore to be joined.

• Joinder Of Parties
• Arbitration Agreement
• Stay Of Proceedings
• Admiralty Jurisdiction
• International Arbitration
• Admiralty-jurisdiction

Atakas Ticaret Ve Nakliyat AS v Glencore International AG and Others (A42/2014)

Atakas Ticaret Ve Nakliyat AS v Glencore International AG and Others (A42/2014) [2018] ZAKZDHC 32 (20 April 2018)

Court

Kwazulu-Natal High Court, Durban

Case number

A42/2014

Judge

Lopes

The court held that the International Arbitration Act, 2017, and Article 8 of the UNCITRAL Model Law are applicable to the dispute between Atakas and Glencore, as the sale agreement contains a valid international arbitration clause. Glencore had not submitted its 'first statement on the substance of the dispute' in a manner that would constitute a waiver of its right to arbitration. The answering affidavit delivered by Glencore in opposition to the joinder application did not amount to such a waiver, as it merely asserted the right to arbitration and did not engage with the merits of the disp…

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• Joinder Of Parties
• International Arbitration
• Stay Of Proceedings
• Admiralty Jurisdiction
• Contractual Arbitration Clause

Zhongji Development Construction Engineering Company Limited v Kamoto Copper Company Sarl (421/2013)

Zhongji Development Construction Engineering Company Limited v Kamoto Copper Company Sarl (421/2013) [2014] ZASCA 160; 2015 (1) SA 345 (SCA); [2014] 4 All SA 617 (SCA) (1 October 2014)

Court

Supreme Court of Appeal

Case number

421/2013

Judges

Mpati, Willis, Mbha, Mathopo, Gorven

The Supreme Court of Appeal dismissed a bid for declaratory relief on arbitrability, holding the arbitration tribunal should first decide its own jurisdiction.

• International Arbitration
• Arbitration Agreement Enforcement
• Jurisdiction Of Sa Courts
• Recognition Of Foreign Arbitral Awards
• Declaratory Orders
• Party Autonomy