Jeft Marketing (Private) Limited v Redan Energy Petroleum (Private) Limited and Sakunda Petroleum (Private) Limited t/a Puma Energy

Key Issues

• {"issue_text":"Whether the arbitrator lacked jurisdiction to hear the matter as there was no arbitration clause in the interim arrangement","issue_type":"procedural","dispositive":"no","related_facts":"Existence of licence agreement with arbitration clause; interim arrangement without explicit arbitration clause"}
• {"issue_text":"Whether the arbitrator was biased in his conduct and language used","issue_type":"procedural","dispositive":"no","related_facts":"Arbitrator's description of applicant's behaviour as disruptive; dismissal of version as semantics"}
• {"issue_text":"Whether the arbitrator's decision offends public policy","issue_type":"law","dispositive":"yes","related_facts":"Arbitrator's findings on agreement unity; business loss findings; termination justification"}
• {"issue_text":"Whether the directors should be held personally liable for company debts","issue_type":"law","dispositive":"yes","related_facts":"Applicant has no assets; unaccounted funds; negligent breach of agreement"}

Background