Forensic and Business Distress Alert - Arbitration and Mediation - Journal Articles and Business Rescue Cases

Oct 3, 2026

Forensic and business distress alert newsletter covering arbitration, mediation, and business rescue developments. Highlights include arbitration jurisdiction derived from party agreement, including the ability to determine jurisdiction and apply remedies, and employment-law updates on unfair dismissal referrals to CCMA when an automatically unfair dismissal claim is pending in the Labour Court. It also summarizes the tripartite disciplinary process using dual disciplinary actions and explains CCMA functions and legal principles. The business rescue segment reviews recent case applications, including challenges to voluntary business rescue resolutions and removal of business rescue practitioners.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages6

Reading Time15 min

AccessFree to download

Forensic and Business Distress Alert

Arbitration and Mediation

Journal Articles

Business Rescue

Cases

Newletter 1 of 2021 Forensic and Business Distress Alert ARBITRATION AND MEDIATION Journal Articles Du Toit, Johan. Section 172 – Constitution: 1; Arbitration: 0. 2020 20(11) Dec Without Prejudice p12 Extract from article: “An arbitrator derives their powers from the agreement between the parties. If the arbitrator’s power to act is subsequently disputed, the arbitrator may, if the arbitration agreement so allows (as the AFSA agreement does), determine its own jurisdiction. It is self-evident that such jurisdiction should allow the arbitrator to apply the law to its fullest extent, including the remedies available.” [https://www.withoutprejudice.co.za/free/article/7175/view](https://www.withoutprejudice.co.za/free/article/7175/view) Jefferson, Monique. Employment law update – Unfair dismissal referred to CCMA when pending automatically unfair dismissal claim in the Labour Court. 2020 Dec De Rebus p33 Cases discussed: Feni v Commission for Conciliation, Mediation and Arbitration and Others (JA30/2019) [2020] ZALAC 24; (2020) 41 ILJ 1899 (LAC); [2020] 10 BLLR 1001 (LAC) (28 May 2020) . [http://www.derebus.org.za/employment-law-update-unfair-dismissal-referred-to-ccma-when-pending-automatically-unfair-dismissal-claim-in-the](http://www.derebus.org.za/employment-law-update-unfair-dismissal-referred-to-ccma-when-pending-automatically-unfair-dismissal-claim-in-the)labour-court/ Mgedeza, Nicholas and Mahlangu, Sipho. The tripartite disciplinary process: Launching dual disciplinary actions. 2020 Dec De Rebus p11 Extract from article: “This article is based on the backdrop wherein the parties enter into a tripartite agreement in terms of which the employer, the employee and the Bargaining Council/Commission for Conciliation, Mediation and Arbitration (CCMA) undertakes that an arbitrator will be appointed for the process of disciplinary hearing against the employee.” [http://www.derebus.org.za/the-tripartite-disciplinary-process-launching-dual-disciplinary-actions/](http://www.derebus.org.za/the-tripartite-disciplinary-process-launching-dual-disciplinary-actions/) Law Firm Article Visser, Michael. The CCMA – What’s it all about? 2020 Dec 4 GoLegal Extract from article: “Everyone has heard of the CCMA. But what’s it all about? Is it just for employees to enforce their rights against nasty employers? Or does it have other functions? This article aims to demystify the CCMA. We will look at the underlying legislation, rationale, and legal principles applicable to the CCMA.” [https://www.golegal.co.za/ccma-labour-dispute/](https://www.golegal.co.za/ccma-labour-dispute/) BUSINESS RESCUE Cases Hydrus Investments (Pty) Ltd and Another v K2011138459 (SA) (Pty) Ltd and Others (19253/2019) [2020] ZAFSHC 233 (10 December 2020) Application for orders, inter alia, that resolution taken by respondent’s board of directors to commence voluntary business rescue be declared a nullity, alternatively set aside, and placing respondent in final, alternatively provisional, liquidation – Stalled development of proposed lifestyle village – Just and equitable for business rescue to terminate – Resolution set aside – Respondent placed under provisional liquidation – Rule nisi issued. [http://www.saflii.org/za/cases/ZAFSHC/2020/233.pdf](http://www.saflii.org/za/cases/ZAFSHC/2020/233.pdf) Hydrus Investments (Pty) Ltd and Another v K2011138459 (SA) (Pty) Ltd and Others (19253/2019) [2020] ZAWCHC 179 (10 December 2020) Application for orders, inter alia, that resolution taken by respondent’s board of directors to commence voluntary business rescue be declared a nullity, alternatively set aside, and placing respondent in final, alternatively provisional, liquidation – Stalled development of proposed lifestyle village – Just and equitable for business rescue to terminate – Resolution set aside – Respondent placed under provisional liquidation – Rule nisi issued. [http://www.saflii.org/za/cases/ZAWCHC/2020/179.pd

FAQs

How does the newsletter describe an arbitrator’s authority to act when jurisdiction is disputed?

It states that an arbitrator derives powers from the agreement between parties, and if the arbitrator’s power is subsequently disputed, the arbitrator may determine its own jurisdiction when the arbitration agreement allows it.

What employment-law update does the newsletter cover regarding unfair dismissal and CCMA?

It addresses unfair dismissal being referred to CCMA when an automatically unfair dismissal claim is pending before the Labour Court.

What business rescue topics are covered under the cases section?

The newsletter summarizes applications concerning voluntary business rescue resolutions, termination and liquidation outcomes, and issues such as the removal of business rescue practitioners and supervision under the Companies Act.

Oct 3, 2026

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