South Africa Case Law

Swedish Credit Export Agency v Sacks Packaging (Pty) Ltd (D1850/2024)

Swedish Credit Export Agency v Sacks Packaging (Pty) Ltd (D1850/2024) [2024] ZAKZDHC 91 (5 December 2024)

Court

Kwazulu-Natal High Court, Durban

Case number

D1850/2024

Judge

Tucker AJ

The High Court made ICC arbitration awards an order of court and enforced payment, rejecting a challenge to the existence of the arbitration agreement.

• International Arbitration Act
• Recognition And Enforcement Of Foreign Awards
• Competence Competence
• Arbitration Agreement Existence
• Quasi Mutual Assent
• International-arbitration

Momoco International Limited v GFE-MIR Alloys and Minerals SA (Pty) Ltd (55273/2021)

Momoco International Limited v GFE-MIR Alloys and Minerals SA (Pty) Ltd (55273/2021) [2023] ZAGPJHC 764 (2 June 2023)

Court

South Gauteng High Court, Johannesburg

Case number

55273/2021

Judge

T P Mudau

The court found that there was no illegality in the underlying agreements or the arbitral award. The respondent's allegations of tax evasion and reliance on POCA were unsupported by evidence and irrelevant to the enforceability of the award. Public policy in South Africa requires that freely undertaken contractual obligations be honoured, and the refusal to pay for goods delivered is itself contrary to public policy. The court emphasised the principle of party autonomy and the finality of arbitral awards, noting that any alleged contraventions of foreign law are for the relevant authorities t…

Source excerpt

• International Arbitration Act
• Recognition And Enforcement Of Foreign Awards
• Public Policy Exception
• Security For Costs
• Contractual Obligations

JMH-Doctors SPV (RF) (Pty) Ltd v 3 Health Holdco Mauritius Ltd and Others (32492/2021)

JMH-Doctors SPV (RF) (Pty) Ltd v 3 Health Holdco Mauritius Ltd and Others (32492/2021) [2022] ZAGPJHC 266 (26 April 2022)

Court

South Gauteng High Court, Johannesburg

Case number

32492/2021

Judge

Fisher

The court held that the arbitral tribunal's ruling granting leave to amend pleadings was not a final award and therefore not subject to review under the International Arbitration Act. Even if reviewable, the applicant failed to establish any procedural unfairness or prejudice, as the tribunal provided opportunities for objection and further submissions. The tribunal acted within its agreed powers and discretion, and the withdrawal of a legal concession did not require a formal process as with factual admissions. The applicant's tactical decision not to object at the appropriate time undermine…

Source excerpt

• International Arbitration Act
• Arbitral Review
• Amendment Of Pleadings
• Procedural Fairness

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

Industrius D.O.O v IDS Industry Service and Plant Construction South Africa (Pty) Ltd (15862/2020) [2021] ZAGPJHC 528 (13 October 2021)

Court

South Gauteng High Court, Johannesburg

Case number

15862/2020

Judge

Senyatsi

The court found that the applicant failed to demonstrate reasonable prospects that another court would differ from the judgment refusing to stay execution of the arbitral award. The counterclaim raised by the respondent was considered res judicata, as it had already been addressed by the arbitrator in the arbitral award. Furthermore, any remedies sought regarding the enforcement of the arbitral award should have been pursued under the International Arbitration Act and Model Law, which the applicant did not do. Accordingly, the application for leave to appeal was refused.

Source excerpt

• Leave To Appeal
• Enforcement Of Arbitral Award
• International Arbitration Act
• Model Law Application
• Stay Of Execution

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

IDS Industry Service and Plant Construction South Africa (Pty) Ltd v Industrius D.O.O (15862/2020) [2021] ZAGPJHC 375 (28 April 2021)

Court

South Gauteng High Court, Johannesburg

Case number

15862/2020

Judge

F Bezuidenhout

The High Court refused security for costs in an international arbitration enforcement dispute, holding the IAA and Model Law did not permit it on these facts.

• International Arbitration Act
• Security For Costs
• Enforcement Of Arbitral Award
• Peregrinus Incola Distinction
• Party Autonomy
• Bill Of Rights Interpretation

Ircon International Limited v Tension Overhead Electrification (Pty) Ltd and Others (2020/17743)

Ircon International Limited v Tension Overhead Electrification (Pty) Ltd and Others (2020/17743) [2020] ZAGPJHC 345 (18 August 2020)

Court

South Gauteng High Court, Johannesburg

Case number

2020/17743

Judge

U Bhoola

The High Court struck Ircon’s urgent application to stay an arbitration, finding the delay self-created and the matter not urgent.

• Stay Of Arbitration
• International Arbitration Act
• Model Law On International Commercial Arbitration
• Jurisdictional Review
• Stay-of-arbitration
• Lack-of-urgency

Government of the United Republic of Tanzania v Steyn and Others (28994/2019)

Government of the United Republic of Tanzania v Steyn and Others (28994/2019) [2019] ZAGPJHC 312 (4 September 2019)

Court

South Gauteng High Court, Johannesburg

Case number

28994/2019

Judge

Twala M L

The High Court set aside an ex parte attachment order because the underlying arbitration award had been replaced by a foreign court order.

• International Arbitration Act
• Foreign Judgments Enforcement
• Ex Parte Orders
• Attachment To Found Jurisdiction
• International-arbitration
• Foreign-judgments-enforcement