Tag: AFSA rules

Agreeing to arbitrate dispute: Special pleas rejected

by GilesFiles | Nov 2, 2023 | 2020 onwards, Appeals, Appeals - leave, BC and HOAs, Causes and defences, Community schemes, Costs, Courts, Declaratory, Disallowed, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Rules Codes & Manual, Sectors, Statutory, Topics | 0 |

Kotzen NO v Thorn Valley Estate Homeowners Association NPC By agreeing to arbitrate a dispute are parties entitled to an actual outcome as opposed to a process? “19. These and similar complaints are the high water mark of...

Private arbitration award: Service level agreement

by GilesFiles | Sep 22, 2022 | 2020 onwards, Causes and defences, Contractual breach, Costs, Courts, Declaratory, High Court, High Court judges, Judges, Legal Practice, Legislation, Orders, Parties, Personal services, Private arbitration, Private enterprises, Review tests, Sectors, Statutory, Topics, Trade unions | 0 |

Samwu v Imbeu Development and Project Management (Pty) Ltd When does a private arbitration award stray outside the ambit of what the arbitration agreement authorised in the arbitration? “61. In summary, in my view, the...