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South Africa Case Law

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Commercial And Corporate [2017] ZAGPJHC 197

Ex parte: Balkan Energy Limited and Another; In re: Balkan Energy Limited and Another v Government of the Republic of Ghana (17/18638)

Ex parte: Balkan Energy Limited and Another; In re: Balkan Energy Limited and Another v Government of the Republic of Ghana (17/18638) [2017] ZAGPJHC 197; 2017 (5) SA 428 (GJ) (29 June 2017)

Court
South Gauteng High Court, Johannesburg
Case number
17/18638
Judge
S Kuny

The court held that it has jurisdiction to recognise and enforce the foreign arbitral award under section 2 of the Recognition and Enforcement of Foreign Arbitral Awards Act 40 of 1977, provided that property of the respondent is attached within the jurisdiction. The attachment of shares in AngloGold Ashanti Limited, held by the Government of Ghana, is sufficient to found jurisdiction. The Power Purchase Agreement does not fall within the scope of the Protection of Businesses Act, as it concerns the supply of electricity and not raw materials. Clause 24 of the PPA constitutes a waiver of immu…

Source excerpt

  • Recognition And Enforcement Of Foreign Arbitral Awards
  • Attachment To Found Jurisdiction
  • Foreign State Immunity
  • Edictal Citation
  • New York Convention
  • Protection Of Businesses Act
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Admiralty And Maritime [2012] ZAWCHC 11

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)

Court
Western Cape High Court, Cape Town
Case number
AC70/2011
Judge
NJ Yekiso

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
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.