Review Of An Arbitrator's Award Based On 'Gross Irregularity' Or 'Exceeding Of Powers'

• Published date: 28 February 2022
• Subject Matter: Litigation, Mediation & Arbitration, Arbitration & Dispute Resolution
• Law Firm: Fasken
• Author: Ms Jesicca Rajpal, Bianca Da Costa and Muhammed Moti

South African courts value the principle of party autonomy as a realisation of the freedom of parties to enter into and execute private arbitration agreements.

Court interference is usually limited to the grounds of procedural irregularities set out in section 33(1) of the Arbitration Act 42 of 1965.¹ One of the grounds upon which an arbitrator's award may be reviewed is based on gross irregularity and this is determined by whether the arbitrator's conduct prevented a fair trial of issues.

Considerations for 'Gross Irregularity' and 'Exceeding of Powers'

Section 33(1)(b) of the Arbitration Act 42 of 1965 governs the review of arbitral awards. It provides that where an arbitration tribunal has committed any gross irregularity in the conduct of the arbitration proceedings or exceeded its powers, the court may, make on the application of any party to the reference after due notice to the other party or parties, an order setting the award aside.

Reference to Case Law

This issue was dealt with in the case of Eskom Holdings Limited v The Joint Venture of Edison...