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.

Mandatory Mediation: Panacea, Placebo Or Problem?

In November, Herbert Smith Freehills Kramers' Johannesburg office celebrated its 10-year anniversary in South Africa. As part of the celebrations, the office's Dispute Resolution team hosted a seminar titled...

South Africa Litigation

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Herbert Smith Freehills Kramer LLP

Arbitrators Cannot Decide Constitutional Invalidity In Public Procurement

The Supreme Court of Appeal ("SCA"), in NAD Property Income Fund v Bushbuckridge Municipality, delivered a judgment on Thursday 4 December 2025 concerning the power...

South Africa Government

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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

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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

South Africa Media & IT

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ENS

A Party Relying On Compromise Bears The Onus Of Proof

South Africa Litigation

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ENS

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

South Africa Litigation

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Herbert Smith Freehills Kramer LLP

Curbing Vexatious And Abusive Legal Proceedings

South Africa Litigation

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ENS

Turning An Arbitration Award Into A Court Order In South Africa

South Africa Litigation

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Barnard Inc.

Arbitration As An Alternative Dispute Resolution Mechanism In South Africa

South Africa Litigation

BI

Barnard Inc.

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

South Africa Commercial

WW

Webber Wentzel

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

South Africa Litigation

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ENS

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

South Africa IP

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ENS

Settlement Secrets For CEO's

South Africa Litigation

BI

Barnard Inc.

Occupational Health And Safety Act, 1993 ("OHASA") – Environmental Regulations For Workplaces 1987; And General Safety Regulations 1986

South Africa Employment

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ENS

Africa Tax In Brief

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ENS

AFCON Eliminations: Celebrating African Football And Intellectual Property Development

South Africa IP

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Adams & Adams

Location, Location, Compliance: Inside The FIC's Draft Directive 10

South Africa Finance

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ENS

The Kiddos vs. Chickees Packaging Battle

South Africa Media & IT

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ENS

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

As the old adage goes, "The price for peace is paid upfront, that of quarrel afterwards."

South Africa Litigation

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ENS

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

South Africa Litigation

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Herbert Smith Freehills Kramer LLP

Tax Focus - July Issue | 2025

South Africa Tax

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SNG Grant Thornton

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

South Africa Employment

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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

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SNG Grant Thornton

The Price Of Misrepresentation: Warranties And The Cost Of Error

South Africa Litigation

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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

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ENS

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

Emerging arbitration jurisdictions often face challenges in establishing themselves as credible and reliable seats for international arbitration with a key focus on achieving minimal judicial intervention.

South Africa Litigation

KL

Herbert Smith Freehills Kramer LLP

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

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ENS

How To Ensure The Lawful Cancellation Of Credit Transactions

South Africa Litigation

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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

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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

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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

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ENS

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

The delays currently being experienced in our courts are no secret to legal practitioners. Having a dispute crystalised in 2025 and then potentially having to wait several years...

South Africa Litigation

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ENS

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

South Africa Litigation

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ENS

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

South Africa Litigation

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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

Poetic Justice: Rhyme And Reason

South Africa Family

FW

Fairbridges Wertheim Becker

Simplifying To Save Gauteng's Judicial System

South Africa Government

WW

Webber Wentzel

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

South Africa Media & IT

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Adams & Adams

The Perils Of Using Funds That Do Not Belong To You

South Africa Finance

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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

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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

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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)

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ENS

ENSafrica Webinar | Arbitration In Africa (Video)

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ENS

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

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Bowmans

Dispute Resolution (Video)

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SchoemanLaw Inc.

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