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South Africa decisions
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Pristine Seafoods (Pty) Ltd v Collective Dream Studios (Pty) Ltd and Another (3834/2024) [2024] ZAWCHC 294 (9 October 2024)
High Court review of arbitration awards dismissed: the court held the second review was barred by res judicata and issue estoppel and found no bias or denial of a fair hearing.
OCA Testing Inspection and Certification South Africa (Pty) Ltd v KCEC Engineering and Construction (Pty) Ltd and Another (2172/2021) [2021] ZAGPJHC 136 (6 August 2021)
High Court dismissed an unopposed application to remit and partially set aside an arbitration award, holding the arbitrator had considered all claims.
Pro-Khaya Construction CC v Ashford and Others (1107/2020) [2021] ZAECPEHC 6 (19 January 2021)
The High Court reviewed and set aside an arbitration award after finding the applicant was not allowed to present evidence or argument on its counterclaim.
Quality Products (Pty) Ltd v MAMCSA Security Consultants CC and Another (12447/2017) [2020] ZAKZDHC 13 (20 May 2020)
The court found that the arbitrator failed to properly consider and address the applicant's submissions regarding the rights of a nominee and the distinction between a nominee and an agent. The arbitrator relied on incorrect portions of cited cases and ignored relevant qualifications in academic commentary. The failure to engage with the applicant's arguments and authorities constituted good cause for remittal under Section 32(2) of the Arbitration Act. Additionally, the arbitrator erred in his approach to the costs of the hearing, disregarding the consensus between counsel. The award was the…
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Road Accident Fund v Mohlala Attorneys and Another (15478/2018) [2019] ZAGPJHC 560 (29 November 2019)
High Court review of arbitration awards: the main award stood, the later award was set aside, and two outstanding issues were remitted to the arbitrator.
Community Property Company (Pty) Ltd v Crowie Projects (Pty) Ltd and Others (08283/2014) [2019] ZAGPJHC 377 (23 September 2019)
High Court remitted an arbitral appeal award under section 32(2) of the Arbitration Act for latent ambiguity and incomplete determination of the dispute.
Ngululu Bulk Carriers (Pty) Limited v Mokhawane and Others (JR2459/17) [2019] ZALCJHB 178 (12 July 2019)
The Labour Court found that the Commissioner failed to properly apply his mind to the evidence, particularly regarding the employee's failure to report the trucks going off-route and the resulting financial loss to the employer. The Commissioner did not adequately analyse the factual matrix, resolve contradictions in the employee's evidence, or consider aggravating factors such as the lack of remorse and the seriousness of the misconduct. The Court held that communication is a key responsibility of fleet controllers and that the employee's conduct was entirely contrary to his obligations. The…
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Africa Opportunity Fund LP and Another v Shoprite Holdings Ltd and Another (8543/17) [2018] ZAWCHC 37 (23 March 2018)
High Court refused condonation and remittal of an arbitration award, holding the applicants had not shown good cause to reopen the matter with new evidence.
CIB Insurance Administrators (Pty) Ltd v South African Rugby Union and Another (22213/15) [2016] ZAWCHC 173 (22 November 2016)
The High Court refused to remit an arbitration award that struck a conditional counterclaim as outside the referral, finding no good cause under section 32(2).
ACL/Intara Joint Venture v Baran Engineerging (17127/2015) [2016] ZAGPJHC 143 (12 February 2016)
High Court refused remittal of an arbitration award, found no good cause under section 32(2), and made the award an order of court.
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