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Supreme Court of Appeal of South Africa, 1 December 2021, Case no: 479/2020

(Canton Trading 17 (Pty) Ltd t/a Cube Architects v. Fanti Bekker Hattingh N O)

01 - 12 - 2021

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Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLVIII (2023)
Jurisdiction South Africa
Related topics
222

The court discusses the principle of competence-competence, including whether the parties “intended to have arbitrability decided by an arbitrator”, and the separability of the arbitration agreement from the main contract.

Arbitrator's competence and separability of the arbitration clause
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