Summary

This is an application brought by Engen Petroleum (Pty) Ltd ("Engen") in terms of section 33 of the Arbitration Act, 42 of 1965 ("the Arbitration Act") to review and set aside an arbitration award made by the second respondent ("the Arbitrator ") on 11 July 2024 and published on 1 August 2024. The second respondent did not oppose the application.

The arbitration was conducted in terms of section 12B of the Petroleum Products Act, 120 of 1977 ("the PPA") following a referral by the Controller of Petroleum Products. The first respondent, Anchor Business Enterprises CC t/a Engen Western Service Station ("Anchor"), alleged that Engen had engaged in unfair and unreasonable contractual practices by (a) terminating the operating lease agreement between the parties on 17 October 2022, and (b) refusing to afford Anchor an opportunity to sell its business.