Summary

Summary: Law of Contract - international arbitration agreement - disputes arising out of or in connection with the agreement - must be resolved through arbitration in the United Kingdom - International Arbitration Act 15 of 2017 applies - high court - no jurisdiction to determine disputes.

Diplomatic Privileges and Immunities Act 37 of 2001 - African Development Bank - immune from court's jurisdiction - immunity recognised and enforced through the Diplomatic Privileges and Immunities Act 37 of 2001.

... The order of the high court is set aside and replaced with the following order:

'1. The application is stayed as against Kalagadi Manganese (Pty) Ltd (Kalagadi Manganese), pending the final determination of the arbitration proceedings in terms of clause 40.2.1 of the Common Terms Agreement.

2. Kalagadi Manganese is ordered to pay the costs of the application including those of two counsel.'

...