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.

Turning An Arbitration Award Into A Court Order In South Africa

When a company is in liquidation, time and certainty matter. Creditors line up, assets are priced and realised, and every unresolved dispute threatens the dividend.

South Africa Litigation

BI

Barnard Inc.

Arbitration As An Alternative Dispute Resolution Mechanism In South Africa

South African courts carry heavy backlogs, and many civil matters take years to conclude. That pressure recently prompted the Gauteng Division of the High Court to require mediation (with a mediator's report) before a trial date is allocated.

South Africa Litigation

BI

Barnard Inc.

Supply Chain Disruptions: Tailoring The Force Majeure Clause To Agricultural Realities

In our previous article, Supply Chain Disruptions: Legal Strategies for Managing Risks in Agribusiness, we explored the unique challenges that make agricultural supply chains particularly susceptible to shocks, from climatic events to regulatory changes.

South Africa Commercial

WW

Webber Wentzel

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

South Africa IP

E

ENS

Settlement Secrets For CEO's

South Africa Litigation

BI

Barnard Inc.

Harassment Orders: Why "Harm" Is The Hinge

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.

Cloud Vs Professional Services: Why Getting It Wrong Could Cost You Millions

South Africa Technology

E

ENS

When Will South Africa's NPS Bill Come Into Force? Navigating The Road To Implementation

South Africa Finance

E

ENS

Leave To Appeal Landmark Crypto Judgment Granted

South Africa Technology

E

ENS

Women Powering Progress | Sizakele Zindela (Video)

South Africa Technology

SG

SNG Grant Thornton

Women Powering Progress (Video)

South Africa Law Performance

SG

SNG Grant Thornton

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

In a previous article, we discussed a recent move to implement mandatory mediation in South Africa's Gauteng High Courts, which is aligned with a broader international trend toward modernising civil justice.

South Africa Litigation

KL

Herbert Smith Freehills Kramer LLP

Words Have Power: When Unfounded Allegations Sink Reinstatement

The Labour Appeal Court's judgment in Golden Arrow Bus Services (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration & Others (19 June 2025) is a reminder that winning the...

South Africa Employment

FW

Fairbridges Wertheim Becker

Tax Dispute Resolution: Failure To Discharge Onus Of Proof

The most tax disputes are decided by courts on the basis of whether taxpayer has discharged the onus of proving that something is exempt or otherwise not taxable or that an amount is tax deductible.

South Africa Tax

SG

SNG Grant Thornton

The Price Of Misrepresentation: Warranties And The Cost Of Error

The matter arose from a contractual dispute between a motor vehicle dealership (the Plaintiff) and a retired police officer (the Defendant).

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

Fast-Tracking Rescue: How AFSA-SARIPA Arbitration Keeps Business-Rescue Plans From Stalling

South Africa Litigation

BI

Barnard Inc.

Preserving The Status Quo In Pension Fund Disputes: Insights From Cadac Pension Fund And Others v Nash And Others

South Africa Finance

AA

Adams & Adams

The Admissibility Of Video Evidence In Motion Proceedings

South Africa Litigation

E

ENS

Court Clarifies The Scope Of "For Purposes Of Pleading" In Rule 35(14)

South Africa Litigation

E

ENS

A Settlement Agreement Extinguishes The Debtor's Obligations

South Africa Litigation

E

ENS

When Does Prescription Start Running Against An Organ Of State?

South Africa Litigation

E

ENS

The Admissibility Of Video Evidence In Motion Proceedings

In FirstRand Bank Ltd v Ayob and Another, the Gauteng Division of the High Court of South Africa in Pretoria had to consider whether video footage may be admissible as evidence in motion proceedings.

South Africa Litigation

E

ENS

Court Clarifies The Scope Of "For Purposes Of Pleading" In Rule 35(14)

South Africa's rule 35(14) of the Uniform Rules of Court allows a litigant to request specific documents or tape recordings from another party for purposes of pleading.

South Africa Litigation

E

ENS

A Settlement Agreement Extinguishes The Debtor's Obligations

The South African Supreme Court of Appeal ("the SCA"), in Tosholo v Road Accident Fund, clarified the position regarding the effect of a settlement agreement on ongoing litigation.

South Africa Litigation

E

ENS

When Does Prescription Start Running Against An Organ Of State?

In the Mahikeng High Court, Bhungane Aphindile ("Aphindile") brought an application against the Minister of Police ("Minister"), seeking condonation for the late filing...

South Africa Litigation

E

ENS

Alternative Dispute Resolution First, Court Second: Further Thoughts On The Gauteng High Court's Draft Directive

South Africa Litigation

E

ENS

Poetic Justice: Rhyme And Reason

"Contempt of Court is not a finding lightly made, nor is it any easier if twice displayed. Context is the thread, the core of this tale. The peculiar facts and Court orders required scrutiny for justice to prevail.

South Africa Family

FW

Fairbridges Wertheim Becker

Simplifying To Save Gauteng's Judicial System

South Africa's Constitution leaves no room for ambiguity: every person has the right to have any dispute that can be resolved by the application of law adjudicated in a fair and public hearing before a court, or, where appropriate, an independent tribunal or forum.

South Africa Government

WW

Webber Wentzel

Social Media In The Dock: The Complex Role Of Emojis In Legal Disputes

South Africa has become a highly litigious country, as evidenced by the growing court rolls across the nation. This increase in litigation can be attributed to various factors, including greater public awareness...

South Africa Media & IT

AA

Adams & Adams

The Perils Of Using Funds That Do Not Belong To You

The Kimberley High Court recently confirmed that an account holder who uses funds in a bank account that do not belong to them will be liable for the loss suffered.

South Africa Finance

E

ENS

When Does An Arbitrator Have Jurisdiction To Entertain A Claim?

South Africa Litigation

WW

Webber Wentzel

Supreme Court Clarifies Requirements For Asset Protection In Divorce Disputes

South Africa Family

FW

Fairbridges Wertheim Becker

Betrayal Of The Badge: SAPS Officer Dismissed For Shoplifting

South Africa Employment

E

ENS

Red Flags To Watch Out For In Employment Contracts

South Africa Employment

FW

Fairbridges Wertheim Becker

DISPUTE PSYCHOLOGY: How Do We Think And Respond To Workplace Problems And Disputes?

South Africa Employment

Deale Attorneys

Young AFSA Webinar – Session 3 (Video)

South Africa Litigation

Deale Attorneys

The Authority Of Bar Councils To Apply For Striking Off Of Advocates From The Roll

South Africa Litigation

E

ENS

Who Gets The Commission?

South Africa Real Estate

BI

Barnard Inc.

Litigation Trends In South Africa: Risk Mitigation And Safeguarding Strategies

South Africa Litigation

Ai

Andersen in South Africa

Fishing Outside The Scope Of The Pre-Arbitration Minute

South Africa Employment

FW

Fairbridges Wertheim Becker

Court Overturns Unfair Auction Sale Of Property

South Africa Litigation

E

ENS

Limitations On The State's Right To Seize And Detain Articles Under The Criminal Procedure Act

South Africa Litigation

E

ENS

An Introduction To Sports Law: Key Legal Areas And Issues In Sports

South Africa Media & IT

FW

Fairbridges Wertheim Becker

Who Holds The Rights To A Gravesite?

South Africa Litigation

E

ENS

Domain Dispute Resolution: A Bright Victory For HAVELLS

South Africa IP

AA

Adams & Adams

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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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