n Without Prejudice - Do arbitration proceedings constitute legal proceedings : company law / arbitration

Volume 15, Issue 5
  • ISSN : 1681-178X



Section 133 of the Companies Act (71 of 2008) provides for a general moratorium on legal proceedings against a company in business rescue. The section states that, during business rescue proceedings, no legal proceeding against the company, or in relation to any property belonging to the company, or lawfully in its possession, may be commenced or proceeded with except with the written consent of the business rescue practitioner (BRP) or with the leave of the court.

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