Thelo Rollings Stock Leasing (Pty) Ltd v Elitheni Coal (Pty) Ltd (3900/2014)
Thelo Rollings Stock Leasing (Pty) Ltd v Elitheni Coal (Pty) Ltd (3900/2014) [2015] ZAECPEHC 37 (26 May 2015)
The court held that the arbitration clause in the parties' agreement was sufficiently broad to encompass all disputes, including the reduction of a conventional penalty. The Penalties Act does not expressly exclude arbitrators from determining whether a penalty is out of proportion to the prejudice suffered, and the parties had expressly submitted this issue to arbitration. The arbitrator was therefore a competent tribunal to decide the matter, and his award is binding. The respondent's mining licence is a limited real right capable of attachment and sale in execution, subject to the Minister…
Source excerpt
- Arbitration Award Enforcement
- Conventional Penalty
- Mining Rights Attachment
- Condonation
- Jurisdiction Of Arbitrator