South Africa Case Law

Swedish Credit Export Agency v Sacks Packaging (Pty) Ltd (D1850/2024)

Swedish Credit Export Agency v Sacks Packaging (Pty) Ltd (D1850/2024) [2024] ZAKZDHC 91 (5 December 2024)

Court

Kwazulu-Natal High Court, Durban

Case number

D1850/2024

Judge

Tucker AJ

The High Court made ICC arbitration awards an order of court and enforced payment, rejecting a challenge to the existence of the arbitration agreement.

• International Arbitration Act
• Recognition And Enforcement Of Foreign Awards
• Competence Competence
• Arbitration Agreement Existence
• Quasi Mutual Assent
• International-arbitration

Momoco International Limited v GFE-MIR Alloys and Minerals SA (Pty) Ltd (55273/2021)

Momoco International Limited v GFE-MIR Alloys and Minerals SA (Pty) Ltd (55273/2021) [2023] ZAGPJHC 764 (2 June 2023)

Court

South Gauteng High Court, Johannesburg

Case number

55273/2021

Judge

T P Mudau

The court found that there was no illegality in the underlying agreements or the arbitral award. The respondent's allegations of tax evasion and reliance on POCA were unsupported by evidence and irrelevant to the enforceability of the award. Public policy in South Africa requires that freely undertaken contractual obligations be honoured, and the refusal to pay for goods delivered is itself contrary to public policy. The court emphasised the principle of party autonomy and the finality of arbitral awards, noting that any alleged contraventions of foreign law are for the relevant authorities t…

Source excerpt

• International Arbitration Act
• Recognition And Enforcement Of Foreign Awards
• Public Policy Exception
• Security For Costs
• Contractual Obligations