Comparative Guides
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Results: 4 Answers
International Arbitration
14.
Grounds for challenging an award
14.1
What are the grounds on which an award can be challenged, appealed or otherwise set aside in your jurisdiction?
 
South Africa
Article 34 (2)(a) of Schedule 1 to the act provides that an award may be set aside only if a party furnishes proof that:

  • a party to the arbitration agreement lacked capacity to contract under the applicable law or the arbitration agreement is invalid under the applicable law;
  • a party did not receive the required notice of the appointment of the arbitrator or of the proceedings, or was otherwise unable to present its case;
  • the award addresses issues falling outside the reference to arbitration (however, if capable of being separated, those matters falling within the scope of the agreement will not be set aside); or
  • the tribunal was constituted in contravention of the agreement between the parties.

Article 34 (2)(b) of Schedule 1 to the act provides that a court may set aside an award (on its own volition) if:

  • it finds that the subject matter of the dispute is not capable of settlement by arbitration under the laws of South Africa; or
  • the award is in conflict with the public policy of South Africa.

In the absence of an agreement between the parties, an award is not subject to appeal or challenge before either the tribunal or a court.

For more information about this answer please contact: Jonathan Ripley-Evans from Herbert Smith Freehills
14.2
Are there are any time limits and/or other requirements to bring a challenge?
 
South Africa
Yes, Article 34(3) of Schedule 1 to the act provides that an application to set aside an award must be made within three months of receipt of the award.

For more information about this answer please contact: Jonathan Ripley-Evans from Herbert Smith Freehills
14.3
Are parties permitted to exclude any rights of challenge or appeal?
 
South Africa
Other than regarding matters addressed in Article 34 of Schedule 1 to the act, parties are free to exclude other rights of challenge or appeal.

For more information about this answer please contact: Jonathan Ripley-Evans from Herbert Smith Freehills