Gwanda Rural District Council v Lourens Marthinus Botha (Snr)

Key Issues

• {"issue_text":"Whether the arbitral award should be refused registration on grounds that it enforces a void agreement","issue_type":"law","dispositive":"no","related_facts":"Joint venture agreement parties, legal capacity"}
• {"issue_text":"Whether non-compliance with Article 35(2) of the Model Law invalidates the registration application","issue_type":"procedural","dispositive":"no","related_facts":"Appellant's failure to pay arbitrator costs, subsequent provision of original award"}
• {"issue_text":"Whether an arbitral award based on an unsworn valuation report should be refused registration","issue_type":"law","dispositive":"no","related_facts":"Valuation report by R.E.D. Property, parties' agreement to be bound"}
• {"issue_text":"Whether an award based on a biased valuation is against public policy","issue_type":"law","dispositive":"no","related_facts":"Allegations of bias against valuer, parties' agreement to accept valuation"}

Background