Canton Trading 17 (Pty) Ltd t/a Cube Architects v Fanti Bekker Hattingh N O (479/2020)
Canton Trading 17 (Pty) Ltd t/a Cube Architects v Fanti Bekker Hattingh N O (479/2020) [2021] ZASCA 163; 2022 (4) SA 420 (SCA) (1 December 2021)
The Supreme Court of Appeal held that there was a thorough dispute of fact as to whether the parties had concluded a binding arbitration agreement. The high court erred by deciding the existence of the arbitration agreement on motion, without referring the matter to oral evidence or considering the principles of separability and competence-competence. The PSP referenced the AFSA rules, which empower arbitrators to determine their own jurisdiction, but Canton Trading disputed ever consenting to those terms. Where the very existence of the arbitration agreement is challenged, the court must not…
Source excerpt
- Arbitration Agreement Existence
- Competence Competence
- Separability Doctrine
- Motion Proceedings
- Contractual Autonomy