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Civil Procedure [2008] ZAGPHC 295

Van Zyl v BB Truck & Tractor Services (Edms) Bpk (49342/07)

Van Zyl v BB Truck & Tractor Services (Edms) Bpk (49342/07) [2008] ZAGPHC 295 (8 October 2008)

The court found that the arbitration proceedings and the award were a nullity because the arbitration clause in the contract was void for vagueness, particularly regarding the appeal provisions, and the invalid provisions could not be severed from the valid ones. Furthermore, the arbitrator exceeded his jurisdiction by awarding relief not contemplated in the referral, rendering the award ab initio void. The court held that the award could not be made an order of court under section 31(1) of the Arbitration Act. Even if a formal application to set aside the award under section 33(2) was requir…

  • Arbitration Award Review
  • Severability Of Contract
  • Arbitrator Jurisdiction
  • Nullity Of Award
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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.