Celweera, S.A. v. Malship Bulkfert (Pvt) Ltd. – sllr 2003 volume 1 page 029

In the case between CELWEERA S.A. (appellant/claimant) and MALSHIP BULKFERT (PVT) LTD (respondent), the court addressed whether a document marked “D”—a certified copy of the Bagging Contract containing the arbitration agreement—was properly certified under section 31 (2)(b)(ii) of the Arbitration Act, No. 11 of 1995. It was held that the High Court erred in dismissing the enforcement application on grounds of mis-certification, as the respondent had already admitted the existence of the arbitration agreement. The principle reaffirmed was that procedural technicalities should not defeat substantive rights, particularly where statutory requirements are substantively complied with or waived by admission. Reliance was placed on statutory interpretation of section 31 of the Arbitration Act. The