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s 28.14

Applications for order in terms of an award

In force
Chapter 2Original jurisdiction—proceedings generally
Part 28Alternative dispute resolution
Division 28.2Arbitration

28.14 Applications for order in terms of an award

(1)

A party may apply to the Court for an order in the terms of the award if:

(a)

the matter has not been referred to the arbitrator by the Court; but

(b)

the matter is a matter in which the Court has original jurisdiction.

(2)

A party who wants to make an application under subrule (1) must file an originating application, in accordance with Form 50.

(3)

The application must be accompanied by:

(a)

a copy of the arbitration agreement; and

(b)

a copy of the award; and

(c)

an affidavit stating:

(i)

the material facts demonstrating why the Court has original jurisdiction in the matter that is the subject of the award; and

(ii)

the extent to which the award has not been complied with, at the date the application is made; and

(iii)

the usual or last‑known place of residence or business of the person against whom it is sought to enforce the award or, if the person is a company, the last‑known registered office of the company.

(4)

The application may be made without notice.

Note:

Without notice is defined in the Dictionary.

Rules 28.15–28.20 left blank

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