Transvaal Mines Labour Company Ltd v Robinson Group of Mines [1911] ZAWLD 43 (12 October 1911)

Arbitration - Submiission - Discretion of Court to order Reference - Interpretation of Agreement to Refer - lndivisible Claims - Question of Custom - Academic Questions

The onus of proving that a dispute falls within the terms of an agreement to refer to arbitration is on the person who applies to have the dispute referred.

Where there is an agreement to refer a certain class of disputes to arbitration and a dispute of that nature arises, the Court has a discretion in the matter of granting or refusing to appoint an umpire under Ord.24 of 1904, sec.8; but if the conditions necessary for granting an appointment are fulfilled and the Court is not satisfied that there is not any sufficient reason why an umpire should not be appointed, the Court is not entitled to refuse.

If a claim falls within the terms of an agreement to submit to arbitration, but it is joined with a number of other claims not so falling in such a manner that the claims are not divisible, the Court will refuse to refer the claim to arbitration.

A question whether a custom is to be added to a written contract so as to control the meaning of the contract is not referable to arbitration as a dispute arising out of the contract.

An agreement to refer disputes arising out of a contract does not entitle one of the parties to insist on an academic question of interpretation of the contract which could not be brought before a Court of law being referred to arbitration.

(Willersford vs Watson, L.A. 8 Ch.473, distinguished.)