RULING VODACOM AND PLANETEL MISCELLANEOUS COMMERCIAL CAUSE NO
The arbitral tribunal exceeded its powers by failing to comply with the court's binding findings and directives when reconsidering the remitted award, instead merely clarifying or justifying its previous reasoning and re-awarding reliefs previously found to be irregular. The tribunal misconstrued the nature of reconsideration under section 78 of the Arbitration Act, treating it as correction/clarification under section 64, and thus acted outside the scope of its revived jurisdiction. The reconsidered award is a nullity and must be set aside in whole.
Source excerpt
- Remission of arbitral award
- Serious irregularity
- Public policy in arbitration
- Functus officio
- Scope of arbitral tribunal powers
- Interest on commercial debts