Delta Beverages (Private) Limited and Another v Blakey Investments (Pty) Ltd and Others (D2834/2020)
Delta Beverages (Private) Limited and Another v Blakey Investments (Pty) Ltd and Others (D2834/2020) [2020] ZAKZDHC 36 (31 August 2020)
The court found that the applicants failed to establish a clear or prima facie right to a stay of arbitration. The supply agreements expressly provided for arbitration under South African law, and the applicants participated in the arbitration process, raising their special pleas before the arbitrators. The court held that the arbitration clause is severable and survives allegations of invalidity unless fraud is alleged, which was not the case. The applicants have alternative remedies within the arbitration, and the arbitrators are competent to decide on jurisdiction and validity. The balance…
Source excerpt
- Stay Of Arbitration
- Forum Non Conveniens
- Separability Of Arbitration Clause
- Exchange Control Regulations
- Contra Boni Mores
- Authority Of Agent