This is an AI-generated summary of a selected monitored public legal source and may omit context. It is general information only, not legal advice, and is not a substitute for reading the source or consulting an attorney.
AI summary
The Western Cape High Court Full Court heard an appeal about whether a subcontract required mediation before adjudication. The court held that the subcontract made mediation the first step in the dispute resolution process and upheld the appeal.
This may be relevant to parties using construction subcontract dispute resolution clauses, especially where mediation and adjudication are both mentioned.
Evidence from source
This appeal concerns the enforceability of an adjudicator’s determination where the parties’ subcontract required mediation as the first step in their dispute-resolution process.
Supports: plain_summary sentence 1
The subcontract records that dispute resolution is to be by mediation. The language itself supports the argument that mediation was mandatory rather than optional.
Supports: plain_summary sentence 2
In the circumstances, the following order is granted: 1. The appeal is upheld.
Supports: plain_summary sentence 2