Dohne Construction (PTY) Limited v Lane NO and Another (2943/2022) [2022] ZAGPJHC 970 (7 December 2022)
Court
South Gauteng High Court, Johannesburg
Case number
2943/2022
Judge
Adams
The court held that AFSA Rule 14.4 does not exclude the statutory right under s 13(2) of the Arbitration Act to apply for removal of an arbitrator. The court has residual jurisdiction to entertain such applications on good cause shown. On the merits, the applicant failed to establish a reasonable apprehension of bias. The alleged relationship between the arbitrator and Unki Mines' expert was not substantiated, and the arbitrator's conduct did not demonstrate partiality. The supplementary affidavit was filed late and based on facts known earlier, and its contents did not alter the outcome. The…
Hardy and Another v Jeremy Delport Construction CC and Others (2224/14) [2015] ZAECPEHC 6 (24 February 2015)
Court
Eastern Cape High Court, Port Elizabeth
Case number
2224/14
Judge
MN Hinana
The court dismissed an application to set aside an arbitration agreement or remove an arbitrator because the second respondent had not been properly served.
Neil Harvey & Associates (Pty) Ltd v Medscheme Holdings (Pty) Ltd and Others (621/10) [2011] ZASCA 75 (26 May 2011)
Court
Supreme Court of Appeal
Case number
621/10
Judges
Harms, Cloete, Ponnan, Malan, Plasket
The Supreme Court of Appeal held that an arbitrator need not be removed where a separate meeting caused no prejudice and no merits were decided in a party’s absence.