n Annual Survey of South African Law - Conflict of laws

Abstract

In MV Cos Prosperity: Phoenix Shipping Corporation v DHL Global Forwarding SA (Pty) Ltd and Another 2012 (3) SA 381 (WCC), the court had to decide on an application for the recognition and enforcement of a foreign arbitral award. The history of this case makes fascinating reading (paras [7]-[29]) and is a good illustration of how and to what extent things can go wrong in daily business life. For the sake of brevity, only a short summary of the facts must suffice.