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South Africa Case Law

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Civil Procedure [2017] ZAWCHC 109

Three Cities Management (Pty) Ltd v Bantry Bay Management Company (Pty) Ltd and Another (7474/2017)

Three Cities Management (Pty) Ltd v Bantry Bay Management Company (Pty) Ltd and Another (7474/2017) [2017] ZAWCHC 109 (22 September 2017)

The court held that the arbitrator did not exceed his powers or commit a gross irregularity. The dispute referred to arbitration was whether the management and marketing agreement was automatically renewed or had terminated after the initial period. The arbitrator's finding that the agreement had been tacitly cancelled was not a new point but flowed directly from the evidence and pleadings. The applicant's dissatisfaction with the result did not justify interference by the court, as the arbitrator acted within the scope of the dispute and the principles governing arbitration review require a…

  • Arbitration Act Review
  • Arbitrator Exceeding Powers
  • Gross Irregularity
  • Contract Termination
  • Pleadings Scope
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