n Without Prejudice - The business rescue moratorium : company law

Volume 16, Issue 2
  • ISSN : 1681-178X



Arbitration proceedings constitute "legal proceedings"for purposes of s133(1) of the Companies Act and are covered by the business rescue moratorium. The moratorium only suspends the time limits for a creditor's right to commence proceedings or otherwise assert a claim against the company during the moratorium and is not an absolute bar. The Supreme Court of Appeal provided this clarity in 2015(6) SA 424 (SCA) ().

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