Marble Classic Exclusive Warehouse for Natural Stones Cape (Pty) Ltd and Another v A.R Sholto-Douglas SC and Another (3521/14)
Marble Classic Exclusive Warehouse for Natural Stones Cape (Pty) Ltd and Another v A.R Sholto-Douglas SC and Another (3521/14) [2014] ZAWCHC 93 (19 June 2014)
The court held that neither mistakes of law nor fact by the arbitrator constitute reviewable misconduct or gross irregularity under section 33(1) of the Arbitration Act. The applicants failed to establish any procedural misconduct, mala fides, or moral turpitude in the conduct of the arbitration proceedings. The arbitrator acted within his mandate and was entitled to be wrong on the merits. The court further found that it was not permissible to assess the validity of the lease scheme to avoid stamp duty in review proceedings, as this would amount to an appeal rather than a review. Since the a…
Source excerpt
- Arbitration Review
- Gross Irregularity
- Stamp Duties Act
- Contract Validity
- Award Enforcement