Casseem vs Packeer – clr volume 2 page 069

The case between Casseem and Packeer concerned whether an appeal lies from an order entering judgment in terms of an arbitrator’s award made on voluntary reference during a pending suit concerning a promissory note. It was determined that no appeal could be entertained in the absence of a proper motion to set aside or remit the award under the applicable statutory provisions. The findings established that an objection made at the time of requesting judgment does not substitute for the required statutory procedures. The principle reaffirmed is that parties must adhere strictly to procedural mechanisms for contesting arbitration awards before seeking redress through appellate channels. The impact clarified the necessity for procedural compliance under the relevant arbitration statutes.

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