Phoenix Shipping Corporation v DHL Global Forwarding SA (Pty) Ltd and Another (AC70/2011)
Phoenix Shipping Corporation v DHL Global Forwarding SA (Pty) Ltd and Another (AC70/2011) [2012] ZAWCHC 11; 2012 (3) SA 381 (WCC) (24 February 2012)
The court found that no valid arbitration agreement existed between DHL and Bateman, as Bateman never signed or assented to the terms of the Booking Note and consensus was absent. The purported agreement was invalid under both South African and English law. The court held that Bateman was entitled to challenge the arbitrator's jurisdiction in South Africa, notwithstanding any statutory estoppel under English law. Recognition and enforcement of the award against Bateman would be contrary to public policy in South Africa. Accordingly, DHL's application to intervene as co-applicant for enforceme…
Source excerpt
- Recognition And Enforcement Of Foreign Arbitral Awards
- Public Policy Exception
- Invalid Arbitration Agreement
- Jurisdiction Of Arbitrator
- Statutory Estoppel
- New York Convention