South Africa Case Law

GR Sutherland and Associates (Pty) Ltd v V & A Waterfront Holdings (Pty) Ltd and Others (7471/2021)

GR Sutherland and Associates (Pty) Ltd v V & A Waterfront Holdings (Pty) Ltd and Others (7471/2021) [2023] ZAWCHC 67 (11 April 2023)

Court

Western Cape High Court, Cape Town

Case number

7471/2021

Judge

Binns-Ward

The applicant failed to demonstrate good cause for setting aside the arbitration agreement under section 3(2) of the Arbitration Act. The court found that arbitration agreements are generally entered into for the mutual benefit of the parties and should not be set aside without a truly compelling reason. The existence of parallel proceedings and potential for multiple actions did not justify depriving the respondent of the benefit of arbitration, as other parties remain bound by separate arbitration agreements and the risk of fragmented litigation persists. The contractual limitation and inde…

Source excerpt

• Arbitration Agreement
• Setting Aside Arbitration
• Good Cause Requirement
• Contractual Liability Limitation
• Pure Economic Loss

Insurance Underwriting Managers (Pty) Ltd and Another v Blue Crest Holdings (Pty) Ltd and Others (54327/2021; 38025/2021; 04842/2022)

Insurance Underwriting Managers (Pty) Ltd and Another v Blue Crest Holdings (Pty) Ltd and Others (54327/2021; 38025/2021; 04842/2022) [2023] ZAGPJHC 45 (26 January 2023)

Court

South Gauteng High Court, Johannesburg

Case number

54327/2021; 38025/2021; 04842/2022

Judge

Mudau

The High Court dismissed consolidated applications challenging arbitration agreements and alleging procedural irregularity, finding no review basis under section 33 of the Arbitration Act.

• Arbitration Act 42 Of 1965
• Review Of Arbitral Award
• Gross Irregularity
• Misconduct Of Arbitrator
• Setting Aside Arbitration
• Uniform Rules Of Court