In a September 2024 judgment concerning a business email compromise (BEC) incident affecting the sale of a motor vehicle, the claimant sought a court order to compel the motor dealer to release the vehicle they had purchased. The dispute arose after the deposit for the vehicle was paid into a fraudulent account due to a
Where parties voluntarily agree a dispute resolution procedure and its rules by way of contract, they will have great difficulty in successfully alleging that those rules are unconstitutional.
Our Constitutional Court has already held that as a matter of principle private arbitration is not unconstitutional and in that regard the “courts should be respectful of
In a dispute over whether an arbitration could be held to resolve the dispute between the parties, one party alleged that the arbitration agreement itself did not exist for lack of agreement between them. Where there is a challenge to the arbitration agreement itself, so as to put into question the consent of the parties
In a dispute between the parties as to whether the applicant was a partner in a partnership with the respondent, the court gave the applicant access to the annual financial statements of the close corporation that had arisen out of the transactions of the alleged partnership.
The court found that an applicant under section 50
When adjudication is incorporated into contracts, often construction contracts, as a means of dispute resolution it is usually included with other mechanisms such as mediation, arbitration and possibly even an approach to a court so that a party dissatisfied with an adjudicator’s award can attempt to rectify what is considered wrong with it in a
An English court has held that a dispute resolution clause in a contract that requires the parties to try to resolve a dispute by friendly discussions in a limited period of time before referring the dispute to arbitration is enforceable.
Where commercial parties have agreed a dispute resolution clause which purports to prevent them from
The English high court in Emirates Trading Agency LLC v Prime Mineral Exports Private Limited has now, hopefully, put an end to a debate in the English Courts on the enforceability of escalation clauses.
The dispute resolution clause required the parties to first seek to resolve any dispute by “friendly discussion” and, if there was