Introduction

[1] The parties had in 2014 executed a Joint Venture Agreement and a Share Transfer Agreement dated 29 April 2014 with an express provision that any disputes thereunder will be dealt with via arbitration in China in accordance with the laws of China. Disputes then arose, which were referred to arbitration, which led to an arbitration Award dated 30 June 2016 handed down in favour of the Applicant herein with the Respondent being ordered to make payments to the Applicant (hereinafter referred to as "the said arbitration Award").

[2] For the purposes of this application and judgment, the factual matrix of the dispute between the parties is immaterial.

[3] Relying then on s 38 of the Arbitration Act 2005 as well as O 69 r 8 of the Rules of Court 2012, the Applicant filed an application via this Originating Summons to have the said Arbitration Award recognised as binding and be enforced by entry as a judgment in terms of the Award.

[4] The Applicant thereafter obtained an Order for substituted service and subsequently filed an affidavit of service confirming service of the cause papers in accordance with the Order for substituted service.

[5] The Court then