n Without Prejudice - Caught between two courts : litigation
|Article Title||Caught between two courts : litigation|
|© Publisher:||JetBlue Publishers (Pty) Ltd|
|Author||Marelise Van der Westhuizen and Melissa Cogger|
|Publication Date||Dec 2012|
|Pages||22 - 23|
Can a South African court adjudicate a dispute arising from an agreement which contains a foreign jurisdiction and arbitration clause or are these clauses decisive in ousting the jurisdiction of our courts? This issue was recently considered by the Supreme Court of Appeal (SCA) in Foize Africa (Pty) Ltd v Foize Beheer BV  ZASCA 123.
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