Summary

Before this court is an application to review and set aside an arbitration award dated 2 March 2023 ("award"), rendered by the second respondent, retired Honorable Mr. Justice Ngoepe ("the arbitrator"). The application is brought under section 33(1) of the Arbitration Act 42 of 1965 ("the Arbitration Act"). The applicant, Royal HaskoningDHV (Pty) Ltd (hereinafter referred to as "RHDHV"), was the claimant in the arbitration , and the first respondent, Airports Company South Africa SOC Ltd (hereinafter referred to as "ACSA"), was the defendant.

The core of the dispute in the arbitration was whether RHDHV was entitled to an extension of time and an additional payment of R2,165,019.84 for professional services rendered in a construction project at OR Tambo International Airport. The arbitrator dismissed RHDHV's claim. Aggrieved by the arbitrator 's award, RHDHV has approached this court for an order reviewing and setting aside the award on the ground of gross irregularity. The arbitrator has filed a notice to abide by the decision of this court. The application is opposed by ACSA, which filed an answering affidavit accompanied by a condonation application for the late filing thereof.