South Africa: Litigation, Mediation & Arbitration

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.

Disagreeing With A Court Order Is Not A Compliance Strategy

When a business receives an adverse court order, the immediate challenge is not whether to agree with it, but how to comply while preserving legal rights.

South Africa Litigation

FW

Fairbridges

Double Jeopardy As A Result Of An Arbitration Award

South African Municipal Workers’ Union obo Malatsi v South African Local Government Bargaining Council and others [2026] 1 BLLR 95 (LAC)

South Africa Litigation

F

Fasken

Finality, Fraud, And The Future Of South Africa As An Arbitration Seat: Lessons From Kingdom Of Lesotho v Frazer Solar GmbH

The judgment brings welcome clarity to South Africa’s International Arbitration Act and its interaction with the Constitution, reflecting a purposeful alignment with established pro arbitration jurisdictions worldwide.

South Africa Litigation

KL

Herbert Smith Freehills Kramer LLP

Premature Summary Judgment Application: When A ‘plea’ Does Not Constitute A Valid Plea

The Western Cape High Court examined whether an informal email could satisfy the technical requirements of a formal plea under Rule 22 of the Uniform Rules of Court...

South Africa Litigation

E

ENS

SCA Confirms The High Court’s Concurrent Jurisdiction Over NCA Shortfall Claims

South Africa Litigation

E

ENS

AI-Driven Corporate Disputes: New Frontiers For Litigators

South Africa Litigation

E

ENS

No Second Bite. Court Confirms The Higher Threshold For Leave To Appeal

South Africa Litigation

FW

Fairbridges

Civil Law Update Seminar 2026 - Key Developments Affecting Civil Litigation In Gauteng

South Africa Litigation

AA

Adams & Adams

Civil Law Update Seminar 2026

South Africa Litigation

AA

Adams & Adams

When Does Prescription Really Start? A Closer Look At Knowledge Of A Claim

South Africa Litigation

Ai

Andersen in South Africa

No Second Bite At Arbitration: The Force Of Public-Sector JBCC Substitutions

South Africa Litigation

AA

Adams & Adams

Strategic Litigation Decisions And Prescription: A Cautionary Tale

South Africa Litigation

AA

Adams & Adams

Dismissal For Want Of Prosecution In South African Law: A Strategic Imperative For Defendants

South Africa Litigation

AA

Adams & Adams

Security For Costs In Full Court Appeals: A Practitioner’s Guide After Koopman V Minister Of Police

South Africa Litigation

AA

Adams & Adams

Bitcoin Is Capital: High Court Rewrites The Exchange Control Debate

South Africa Finance

E

ENS

Kyk Gou Wat Doen 'N Blazer! From TikTok To Trademarks: Can A Viral Trend Give You Trade Mark Rights Overnight?

South Africa IP

AA

Adams & Adams

South Africa’s Next Payments Wave - Wearables, Wallets And The Move Beyond Cash

South Africa Finance

E

ENS

Not E-money After All: What South Africa’s Draft Payments Framework Means For Crypto And Fintech

South Africa Finance

E

ENS

JSE Publishes Consequential Amendments To Listings Requirements Following Companies Amendment Act, 2024

South Africa Commercial

E

ENS

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Disclosure & Electronic Discovery & Privilege

Forensic Reports Are Not Automatically Privileged, Says The SCA

In a landmark judgment, the Supreme Court of Appeal (“SCA”) in the case of Ibex RSA Holdco Ltd and Another v Tiso Blackstar Group (Pty) Ltd and Others 2025 (2) SA 408 (SCA) (“Ibex”)...

South Africa Litigation

F

Fasken

Video Evidence Seals The Deal: High Court Enforces Suretyships

In a recent judgment delivered by the Gauteng Division of the High Court, the Plaintiff, a major financial institution, sought a monetary judgment against the Defendants...

South Africa Litigation

AA

Adams & Adams

Balancing Disclosure In South African Courts: Rule 53; Rule 35; And Judicial Discretion

In South African law, the disclosure of documents is regulated by two distinct provisions: Rule 53 and Rule 35 of the Uniform Rules of Court.

South Africa Litigation

FW

Fairbridges

Uncover The Truth With EDiscovery: Safeguarding Your Organisation From Internal Fraud Beyond Litigation

South Africa Litigation

E

ENS

Pre-Litigation Discovery

South Africa Litigation

F

Fasken

South Africa Legal Privilege Meets Journalistic Freedom Of Expression

South Africa Litigation

HS

Herbert Smith Freehills Kramer LLP

e-Discovery And What It Means For Legal Practitioners In SA

South Africa Litigation

SI

SchoemanLaw Inc.

Anton Piller Orders: Preserving Evidence On An Urgent Basis

South Africa Litigation

Tf

Tabacks

International Arbitration Comparative Guide

South Africa Litigation

HS

Herbert Smith Freehills Kramer LLP

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Arbitration & Dispute Resolution

From Berlin With Caution: AI And The Blurred Lines Of Trade Mark Use

A Berlin court recently addressed whether AI-generated search summaries that reference trade marks constitute legal infringement, focusing on the critical distinction between aggregating third-party content and engaging...

South Africa IP

FW

Fairbridges

Double Jeopardy As A Result Of An Arbitration Award

South African Municipal Workers’ Union obo Malatsi v South African Local Government Bargaining Council and others [2026] 1 BLLR 95 (LAC)

South Africa Litigation

F

Fasken

Validity Of Contracts With The State Being Extended Without A Competitive Tender Process

The KwaZulu-Natal High Court examined whether public transport contracts that had been extended repeatedly without competitive bidding violated constitutional procurement requirements.

South Africa Government

E

ENS

Finality, Fraud, And The Future Of South Africa As An Arbitration Seat: Lessons From Kingdom Of Lesotho v Frazer Solar GmbH

South Africa Litigation

KL

Herbert Smith Freehills Kramer LLP

Standing Out From The Crowd: Distinctiveness In South African Trade Mark Law

South Africa IP

AA

Adams & Adams

Key Amendments To The Companies Act Now In Force

South Africa Commercial

E

ENS

AI-Driven Corporate Disputes: New Frontiers For Litigators

South Africa Litigation

E

ENS

Civil Law Update Seminar 2026 - Key Developments Affecting Civil Litigation In Gauteng

South Africa Litigation

AA

Adams & Adams

My Neighbour Built Over The Boundary Line – What Are My Rights?

South Africa Real Estate

BI

Barnard Inc.

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Court Procedure

Disagreeing With A Court Order Is Not A Compliance Strategy

When a business receives an adverse court order, the immediate challenge is not whether to agree with it, but how to comply while preserving legal rights.

South Africa Litigation

FW

Fairbridges

Premature Summary Judgment Application: When A ‘plea’ Does Not Constitute A Valid Plea

The Western Cape High Court examined whether an informal email could satisfy the technical requirements of a formal plea under Rule 22 of the Uniform Rules of Court...

South Africa Litigation

E

ENS

SCA Confirms The High Court’s Concurrent Jurisdiction Over NCA Shortfall Claims

The Supreme Court of Appeal has resolved a critical jurisdictional question affecting credit providers nationwide by clarifying whether the High Court retains authority to adjudicate shortfall claims after repossession and sale of goods under credit agreements.

South Africa Litigation

E

ENS

AI-Driven Corporate Disputes: New Frontiers For Litigators

South Africa Litigation

E

ENS

No Second Bite. Court Confirms The Higher Threshold For Leave To Appeal

South Africa Litigation

FW

Fairbridges

My Neighbour Built Over The Boundary Line – What Are My Rights?

South Africa Real Estate

BI

Barnard Inc.

Can More Than One Company Be Liquidated In A Single Court Application?

South Africa Commercial

BI

Barnard Inc.

Civil Law Update Seminar 2026

South Africa Litigation

AA

Adams & Adams

When Does Prescription Really Start? A Closer Look At Knowledge Of A Claim

South Africa Litigation

Ai

Andersen in South Africa

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Trials & Appeals & Compensation

Disagreeing With A Court Order Is Not A Compliance Strategy

When a business receives an adverse court order, the immediate challenge is not whether to agree with it, but how to comply while preserving legal rights.

South Africa Litigation

FW

Fairbridges

Premature Summary Judgment Application: When A ‘plea’ Does Not Constitute A Valid Plea

The Western Cape High Court examined whether an informal email could satisfy the technical requirements of a formal plea under Rule 22 of the Uniform Rules of Court...

South Africa Litigation

E

ENS

No Second Bite. Court Confirms The Higher Threshold For Leave To Appeal

In April 2026, the Pietermaritzburg High Court set aside a subpoena issued against the Auditor-General of South Africa (“AGSA”), finding that it had not been issued for a bona fide or lawful purpose and amounted...

South Africa Litigation

FW

Fairbridges

Personal Liability Of Business Rescue Practitioners In South Africa

South Africa Commercial

BI

Barnard Inc.

Strategic Litigation Decisions And Prescription: A Cautionary Tale

South Africa Litigation

AA

Adams & Adams

Dismissal For Want Of Prosecution In South African Law: A Strategic Imperative For Defendants

South Africa Litigation

AA

Adams & Adams

Calling Out Racism At Work: Lessons From The Labour Appeal Court’s Qomoyi Judgment

South Africa Employment

E

ENS

Security For Costs In Full Court Appeals: A Practitioner’s Guide After Koopman V Minister Of Police

South Africa Litigation

AA

Adams & Adams

Constitutional Court Confirms Limits On Labour Appeals And Awards Costs In Dispute Arising From Terminated Municipal Services Agreement

South Africa Employment

FW

Fairbridges

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Latest Videos

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Young AFSA Webinar – Session 3 (Video)

Deale Attorneys

The CBN Naira Redesign And The Supreme Court Ruling; What You Should Know. (Video)

TT

The Trusted Advisors

ZC

Zenas Chambers, ChimwaMurombe Legal Practice

State Capture Inquiry | Steven Powell And Dudu Myeni Testify | 1 (Video)

E

ENS

Dispute Resolution (Video)

SI

SchoemanLaw Inc.

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