South Africa: Arbitration & Dispute Resolution

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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.

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

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

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

The concept of distinctiveness lies at the heart of trade mark law, yet its application remains subject to ongoing judicial interpretation.

South Africa IP

AA

Adams & Adams

Key Amendments To The Companies Act Now In Force

South Africa's Companies Amendment Act introduces sweeping changes to corporate governance, mandating individualised director remuneration disclosure and implementing a binding "say-on-pay" framework for public and state-owned companies.

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.

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

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

South Africa Litigation

AA

Adams & Adams

When “Getting Paid” Comes Back To Bite

South Africa Insolvency

FW

Fairbridges

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

South Africa Litigation

AA

Adams & Adams

Regulatory Matters: Policing The Regulators: Judicial Oversight Of Disciplinary Decisions

South Africa Litigation

AA

Adams & Adams

New Rules For The Pension Funds Adjudicator: What You Need To Know

South Africa Finance

E

ENS

When Platforms Are Not Liable: Big Shift In Copyright Law

South Africa IP

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

Springboarding A Business: Unlawful Competition, Not Entrepreneurship

South Africa Commercial

E

ENS

Looking Beyond The Headline: The Absa GAAR Judgment Explained | Absa Bank Limited And Another V Commissioner For The South African Revenue Service

South Africa Tax

E

ENS

Intellektuele Eiendomswaardasies: Hoe Lank Is 'N Stuk Tou?

South Africa IP

BI

Barnard Inc.

Compulsory Mediation In The Gauteng Division: A 10-month Implementation Review

Ten months have passed since the Judge President of the Gauteng Division of the High Court introduced a directive making mediation compulsory before the allocation and retention of civil trial dates.

South Africa Litigation

AA

Adams & Adams

Long Service Is Not An Absolute Shield Against Gross Negligence

The matter arose following the dismissal of Mr Gerhard Goosen, a service mechanic with nearly 30 years of experience at Algoa Bus Company (ABC).

South Africa Litigation

FW

Fairbridges

Timing Is Everything: South African High Court Cautions Against Weaponising Procedural Rules After Years Of Silence

In Phethogo Consulting (Pty) Ltd v Mangaung Metropolitan Municipality, the Free State Division of the High Court of South Africa was called upon to adjudicate...

South Africa Litigation

E

ENS

Compulsory Mediation In The Gauteng Division: A 10-month Implementation Review

Ten months have passed since the Judge President of the Gauteng Division of the High Court introduced a directive making mediation compulsory before the allocation and retention of civil trial dates.

South Africa Litigation

AA

Adams & Adams

Corporate Reputation Vindicated: High Court Grants Final Interdict Against Defamatory Social Media Campaign

South Africa Litigation

E

ENS

Food And Product Recalls: The Legal Framework, Recent Cases And Improved Methods For Addressing Related Issues

South Africa Healthcare

E

ENS

The Challenge Of Setting Aside A Small Claims Court Judgment

South Africa Litigation

E

ENS

Can A Party Rely On The Delegation Of A Duty To Escape Delictual Liability?

South Africa Litigation

E

ENS

Mandatory Mediation: Panacea, Placebo Or Problem?

South Africa Litigation

KL

Herbert Smith Freehills Kramer LLP

Arbitrators Cannot Decide Constitutional Invalidity In Public Procurement

South Africa Government

E

ENS

The Guide To Dispute Resolution In Africa 2025

Worldwide Litigation

KL

Herbert Smith Freehills Kramer LLP

But Who Will Keep Our Pets?

South Africa Family

AA

Adams & Adams

Why Information Technology (IT) Projects Fail: Identifying The Correct Stakeholders

South Africa Media & IT

E

ENS

A Party Relying On Compromise Bears The Onus Of Proof

South Africa Litigation

E

ENS

The Guide To Dispute Resolution In Africa 2025

Welcome to the fourth edition (2025) of Herbert Smith Freehills Kramer's Guide to Dispute Resolution in Africa. We are delighted to present this updated publication, which continues to offer a comprehensive overview...

Worldwide Litigation

KL

Herbert Smith Freehills Kramer LLP

But Who Will Keep Our Pets?

In a deeply emotional and unusually contentious dispute stretching nearly two years, the High Court concluded that Benji, a young Labrador, must be returned to the applicant.

South Africa Family

AA

Adams & Adams

Why Information Technology (IT) Projects Fail: Identifying The Correct Stakeholders

The success of an IT project relies not only on technical execution but equally on clearly defined responsibilities.

South Africa Media & IT

E

ENS

A Party Relying On Compromise Bears The Onus Of Proof

In FirstRand Bank Limited ("FNB") v Lourina Wilson NO and Another, the South African Supreme Court of Appeal ("SCA") clarified the requirements for when a valid offer of compromise is made and accepted.

South Africa Litigation

E

ENS

Resolving Arbitration Related Disputes In The Public Interest - New Directive Accelerates Resolution Of Arbitration Disputes

South Africa Litigation

KL

Herbert Smith Freehills Kramer LLP

Uganda Court Of Appeal Confirms Restriction On Arbitration Appeals, Post-award Relief Remains Unclear

Recent decisions by the Court of Appeal have firmly slammed the door on prospects for appeals from arbitration, upholding as sterling the principle of finality...

South Africa Litigation

E

ENS

Clawed Back: What The Sundowns vs Mosimane Case Means For IP Contracts

In May 2020, Football Club Mamelodi Sundowns and coach Pitso Mosimane inked a fresh four-year deal negotiated through Mosimane's agency, Moira Tlhagale Sports Marketing ("TSM").

South Africa IP

E

ENS

Settlement Secrets For CEO's

The cheapest dispute is the one you design to end early. That doesn't mean capitulating; it means treating the fight like a deal with a closing plan. Senior leaders who exit litigation quickly do three things...

South Africa Litigation

BI

Barnard Inc.

Harassment Orders: Why "Harm" Is The Hinge

Saying "I feel harassed" is not enough. South Africa's Protection from Harassment Act 17 of 2011 gives swift, practical relief outside of domestic relationships...

South Africa Litigation

BI

Barnard Inc.

Estoppel Without Words: A Cross-Border Lesson For South African Insurers

South Africa Insurance

AA

Adams & Adams

Why Does Litigation Take So Long?

South Africa Litigation

BI

Barnard Inc.

Paying The Price For Peace

South Africa Litigation

E

ENS

Adjudication Holds Firm: Eskom V Framatome And The Strength Of Contractual Dispute Resolution

South Africa Litigation

KL

Herbert Smith Freehills Kramer LLP

Tax Focus - July Issue | 2025

South Africa Tax

SG

SNG Grant Thornton

Stuck On The Tarmac? The Legal Limits Of The CCMA's Powers And The Right To Appeal

South Africa Employment

E

ENS

From Courtroom To Kick-Off: Mandatory Mediation In Gauteng

South Africa Litigation

BI

Barnard Inc.

The South African Lens: Evolution And Efficacy Of Court-Annexed Mediation Programs In The United States

South Africa Litigation

KL

Herbert Smith Freehills Kramer LLP

Words Have Power: When Unfounded Allegations Sink Reinstatement

South Africa Employment

FW

Fairbridges

Tax Dispute Resolution: Failure To Discharge Onus Of Proof

South Africa Tax

SG

SNG Grant Thornton

The Price Of Misrepresentation: Warranties And The Cost Of Error

South Africa Litigation

AA

Adams & Adams

South Africa's SCA Reinforces Judicial Support For Arbitration Agreements

South Africa Litigation

KL

Herbert Smith Freehills Kramer LLP

The Transferability Of General Damages To A Deceased's Estate

South Africa Litigation

E

ENS

How To Ensure The Lawful Cancellation Of Credit Transactions

South Africa Litigation

E

ENS

Primary Obligations vs Secondary Obligations And Accepting Repudiation – Be Careful What You Wish For

South Africa Litigation

E

ENS

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Latest Videos

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Young AFSA Webinar – Session 3 (Video)

Deale Attorneys

The Ins And Outs Of Whistle-Blowing (Video)

E

ENS

ENSafrica Webinar | Arbitration In Africa (Video)

E

ENS

Webinar: Corporate Risk In Africa – What's Happening In The New World Of COVID-19?

B

Bowmans

Dispute Resolution (Video)

SI

SchoemanLaw Inc.

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