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.

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

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Herbert Smith Freehills Kramer LLP

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

Artificial intelligence is fundamentally transforming corporate litigation, introducing unprecedented challenges around evidence reliability, algorithmic liability, and predictive case analytics. As 65% of organizations now deploy generative AI regularly...

South Africa Litigation

E

ENS

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

Discussions at the Civil Law Update Seminar held on 22 May 2026, hosted by the Pretoria Attorneys Association, provided important insight into the continued implementation of the Gauteng Division’s mandatory mediation framework and court operations affecting civil litigation in the division.

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

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

South Africa Litigation

AA

Adams & Adams

Long Service Is Not An Absolute Shield Against Gross Negligence

South Africa Litigation

FW

Fairbridges

AI-Driven Corporate Disputes: New Frontiers For Litigators

South Africa Litigation

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ENS

When Platforms Are Not Liable: Big Shift In Copyright Law

South Africa IP

E

ENS

Africa Tax In Brief

E

ENS

South Africa Publishes Draft Capital Flow Management Regulations For Public Comment

South Africa Technology

E

ENS

The Invisible Value Powering Sport’s Multibillion-Dollar Industry And Why Africa Matters

South Africa IP

I

Inventa

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

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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

Defamation consists of the wrongful and intentional publication of a defamatory statement concerning another.

South Africa Litigation

E

ENS

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

In recent years, several food and product recalls have been announced in the media by suppliers, producers and the National Consumer Commission ("the NCC").

South Africa Healthcare

E

ENS

The Challenge Of Setting Aside A Small Claims Court Judgment

South Africa Litigation

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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

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

South Africa Litigation

KL

Herbert Smith Freehills Kramer LLP

Curbing Vexatious And Abusive Legal Proceedings

South Africa Litigation

E

ENS

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

For too long, disputes which are subject to an arbitration clause have added to the growing burden on the courts. These range from challenges against an agreement to arbitrate...

South Africa Litigation

KL

Herbert Smith Freehills Kramer LLP

Curbing Vexatious And Abusive Legal Proceedings

In a judgment delivered recently in the matter of The Standard Bank of South Africa Limited ("Standard Bank") & Another v Advertising Digital Services (Pty) Limited ("ADS") & Another, the Pretoria High Court granted...

South Africa Litigation

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ENS

Turning An Arbitration Award Into A Court Order In South Africa

South Africa Litigation

BI

Barnard Inc.

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

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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

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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

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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

Essential Negotiation Skills Needed To Avoid Or Limit Disputes (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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