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.

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

A recent decision from the Appellate Court of Illinois, in the matter between Monroy-Perez v. Sentry Select Insurance Co., 2025 IL App (1st) 241711, serves as a stark warning to insurers...

South Africa Insurance

AA

Adams & Adams

Why Does Litigation Take So Long?

You authorise your lawyers to take action. Soon, colleagues ask for timelines and likely outcomes. From the outside, the matter seems to move in slow motion.

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 Wertheim Becker

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

South Africa's Draft NDC Ahead Of COP30: What's New And What's Next

South Africa Environment

KL

Herbert Smith Freehills Kramer LLP

Washes Of Green In The Fashion Industry

South Africa Environment

E

ENS

The Use Of Surveillance Data And POPIA: De Jager v Netcare Limited

South Africa Privacy

Ai

Andersen in South Africa

A Legal Perspective On Player-Club Disputes: Lucas Ribeiro Vs Mamelodi Sundowns FC

South Africa Commercial

FW

Fairbridges Wertheim Becker

Mitigating Risk For AI Integration

South Africa IP

BI

Barnard Inc.

The Transferability Of General Damages To A Deceased's Estate

The term ‘litis contestatio' refers to the stage in civil legal proceedings when pleadings have closed as the issues in dispute have been defined and finalised between the litigating parties.

South Africa Litigation

E

ENS

How To Ensure The Lawful Cancellation Of Credit Transactions

The Free State Division of the High Court recently handed down judgment in the case of Mbombi and Another v BMW Financial Services SA (Pty) Ltd...

South Africa Litigation

E

ENS

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

In the recent case of Twenty-Third Century Systems (Pty) Ltd and Another v SAP Africa Region (Pty) Ltd, the Supreme Court of Appeal ("SCA") had to consider whether a party to a contract...

South Africa Litigation

E

ENS

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

When a company hits financial turbulence, every extra week of uncertainty is another week of eroding value. South Africa's business-rescue regime is designed to give distressed companies a fighting chance...

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

Changes To The Enrolment Procedure And Related Aspects Of The Opposed Motion Court In Johannesburg

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

When Does Prescription Start Running Against An Organ Of State?

South Africa Litigation

E

ENS

A Settlement Agreement Extinguishes The Debtor's Obligations

South Africa Litigation

E

ENS

Commercial Courts And Alternative Dispute Resolution In South Africa: A Possible Path To Faster Dispute Resolution

South Africa Litigation

E

ENS

A New Digital Era: Labour Court & Labour Appeal Court Embrace Court Online

South Africa Employment

FW

Fairbridges Wertheim Becker

Is South Africa's Statutory Dispute Resolution System Dysfunctional?

South Africa Litigation

FW

Fairbridges Wertheim Becker

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

Commercial Courts And Alternative Dispute Resolution In South Africa: A Possible Path To Faster Dispute Resolution

In a bulletin published by the Deputy Judge President ("the DJP") of the Johannesburg High Court, South Africa regarding lead times for set down dates in the Johannesburg High Court...

South Africa Litigation

E

ENS

A New Digital Era: Labour Court & Labour Appeal Court Embrace Court Online

Our world of work is evolving – and so is the way we access justice. On 28 March 2025, two important directives were issued: Directive 01 of 2025: Implementation of Court Online Electronic Platform...

South Africa Employment

FW

Fairbridges Wertheim Becker

Is South Africa's Statutory Dispute Resolution System Dysfunctional?

In addressing an appeal stemming from misconduct during the 2018 National Strike in the Plastics Industry in the case of National Union of Metalworkers of SA obo Motlang & Others v Polyoak...

South Africa Litigation

FW

Fairbridges Wertheim Becker

Poetic Justice: Rhyme And Reason

South Africa Family

FW

Fairbridges Wertheim Becker

Supreme Court Clarifies Requirements For Asset Protection In Divorce Disputes

A recent Supreme Court of Appeal (SCA) ruling in KSL v AL ([2024] ZASCA 96) has clarified critical aspects of anti-dissipation interdicts in the context of divorce proceedings.

South Africa Family

FW

Fairbridges Wertheim Becker

Betrayal Of The Badge: SAPS Officer Dismissed For Shoplifting

An incident that occurred on a South African airline flight in December 2024 sparked heated debate on social media and made news headlines.

South Africa Employment

E

ENS

Red Flags To Watch Out For In Employment Contracts

Employment contracts are essential documents that set the foundation for the working relationship between employers and employees.

South Africa Employment

FW

Fairbridges Wertheim Becker

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

We spend most of our lives at work and a lot of it just thinking about work…often worrying about it.

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

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

South Africa Litigation

E

ENS

Court Overturns Unfair Auction Sale Of Property

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

How Legal Experts Facilitate Corporate Turnarounds

South Africa Litigation

BI

Barnard Inc.

Being A "Loan Shark" At Work Can Result In Dismissal

South Africa Employment

E

ENS

Compliance & Collective Agreements – Lessons From Case Law

South Africa Employment

CE

Consolidated Employers Organisation

High Court Overturns LPC Decision To Bar Prospective Attorney From Admission

South Africa Litigation

E

ENS

Reviews Can't Revive A Bad Arbitration

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

Let's Talk E36: CCMA Procedures (Video)

SI

SchoemanLaw Inc.

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

B

Bowmans

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