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AI summary
The Western Cape High Court dealt with an urgent application to appoint an arbitrator under the Arbitration Act. The court held that the application was an abuse of process and struck it off the roll. It also ordered PDS Africa to pay the costs, including the counter-application, on an attorney and client scale.
This appears to concern the interaction between liquidation proceedings and an arbitration clause in a subcontractor agreement.
Evidence from source
The application for appointment of an arbitrator in terms of section 12(2) read with section 12(1) (a) of Arbitration Act 42 of 1965 (as amended) is struck off the roll.
Supports: The court's disposition of the arbitration appointment application.
The second point in limine raised by respondent that the application for the appointment of an arbitrator is an abuse of process is upheld.
Supports: The court's finding on abuse of process.
The costs of this application, including costs of the counter-application are to be paid by the Applicant, PDS Africa (Pty) Ltd, on the scale as between attorney and client, scale C
Supports: The costs order.