South Africa Case Law

Howick Retirement Villages (Pty) Ltd v Lafarge Industries South Africa (Pty) Ltd (AR 493/09)

Howick Retirement Villages (Pty) Ltd v Lafarge Industries South Africa (Pty) Ltd (AR 493/09) [2010] ZAKZPHC 7 (11 March 2010)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR 493/09

Judges

Swain, Murugasen, Nicholson

The court held that a contractual right to refer a technical dispute to arbitration must be exercised within a reasonable time, and the special plea failed.

• Arbitration Clause Interpretation
• Stay Of Proceedings
• Contractual Election
• Technical Dispute Resolution
• Arbitration-clause-interpretation
• Stay-of-proceedings

Lafarge Industries South Africa (Pty) Ltd v Howick Retirement Villages (Pty) Ltd (2142/2008)

Lafarge Industries South Africa (Pty) Ltd v Howick Retirement Villages (Pty) Ltd (2142/2008) [2009] ZAKZPHC 19 (13 May 2009)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

2142/2008

Judge

Skinner, AJ

The court held that the plaintiff's institution of proceedings did not constitute an election regarding the technical dispute raised in reconvention, as the main claim was not a technical dispute. The claim in reconvention, however, was a technical dispute concerning the quality of the concrete and thus fell within the scope of the arbitration clause. The plaintiff was entitled, upon receipt of the claim in reconvention, to raise a special plea seeking referral to arbitration. The Santam case was distinguished on its facts, as there was no evidence of the plaintiff declining or failing to mak…

Source excerpt

• Arbitration Clause Enforcement
• Stay Of Proceedings
• Technical Dispute Resolution
• Contractual Election
• Reconventional Claim