South Africa Case Law

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

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