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Dispute Resolution

Our Dispute Resolution team offers a complete dispute resolution service. Our lawyers work together with clients to identify and execute the most advantageous business-oriented solutions, either by pursuing or defending arbitration or litigation proceedings, or through alternative methods, such as mediation. Our specialist dispute resolution lawyers are admitted to practice in several jurisdictions including South Africa, Kenya, Lesotho, England & Wales and Namibia.

Dispute Resolution Services

Our services include dispute resolution and opinion work across a range of specialisations, some of which include:

  • Contentious banking and finance matters.
  • Class or group actions in South Africa.
  • Commercial disputes of all kinds.
  • Liability and risk issues.
  • Business rescue, restructuring and insolvency.
  • Corporate fraud forensic investigations.
  • A wide range of insurance disputes.
  • Cross-border disputes.
  • Product liability.

Education & Training

Our Education & Training team has a wealth of experience in the education and training sector, specifically with regard to the acquisition, financing, governance and organisational structure of schools and universities. Learn about our Education & Training offering.

Corporate & White Collar Investigations

Our Corporate & White Collar Investigations team is distinguished by the vast experience of our specialist partners some of whom have more than 20 years’ experience in this field. Learn more about Corporate & White Collar Investigations.

Business Rescue, Restructuring & Insolvency

Our Business Rescue, Restructuring & Insolvency team's focus is on guiding our clients to make the right decisions at the right time. Our team can help proactively manage any business rescue, restructuring and insolvency processes. Learn more about our Business Rescue, Restructuring & Insolvency offering.

Public Law

Our Public Law specialists have extensive experience in many key areas of public law, including public procurement, public finance management, constitutional law, administrative law, municipal law, regulatory law, competition and health law. Our lawyers have in-depth knowledge and understanding of the broader legal and policy framework for decision making. Learn more about our Public Law here.

Product Liability

Our Product Liability specialists have dealt with a large number of claims on behalf of the firm’s major manufacturing clients over many years and have extensive experience in this field. Learn more here.

International Arbitration

Our dedicated team of International Arbitration practitioners are fully equipped to help you navigate the complexities of international arbitration in Africa and to guide you through the entire process in a pragmatic and commercially driven manner. Read more about our  International Arbitration service offering.

Insurance Law

We offer multi-disciplinary insurance law expertise allowing a seamless and dedicated service to our clients. Our insurance lawyers combine a detailed knowledge of the law with a commercial awareness of the insurance industry. Learn more about our Insurance Law offering.

Construction & Engineering

Our Construction & Engineering lawyers provide legal and commercial solutions that add value to any project, from the concept phase and throughout the construction process. Learn more about offering here.

Dispute Resolution Brochures

Dispute Resolution
Dispute Resolution
Mediation
Mediation
Agricultural Sector Brochure
Agricultural Sector Brochure
Doing Business in South Africa
Doing Business in South Africa

Dispute Resolution Newsletters

2022

Volume 1 - International Dispute Resolution in Africa
Volume 1 - International Dispute Resolution in Africa

Services

Dispute Resolution Services

Our services include dispute resolution and opinion work across a range of specialisations, some of which include:

  • Contentious banking and finance matters.
  • Class or group actions in South Africa.
  • Commercial disputes of all kinds.
  • Liability and risk issues.
  • Business rescue, restructuring and insolvency.
  • Corporate fraud forensic investigations.
  • A wide range of insurance disputes.
  • Cross-border disputes.
  • Product liability.

Education & Training

Our Education & Training team has a wealth of experience in the education and training sector, specifically with regard to the acquisition, financing, governance and organisational structure of schools and universities. Learn about our Education & Training offering.

Corporate & White Collar Investigations

Our Corporate & White Collar Investigations team is distinguished by the vast experience of our specialist partners some of whom have more than 20 years’ experience in this field. Learn more about Corporate & White Collar Investigations.

Business Rescue, Restructuring & Insolvency

Our Business Rescue, Restructuring & Insolvency team's focus is on guiding our clients to make the right decisions at the right time. Our team can help proactively manage any business rescue, restructuring and insolvency processes. Learn more about our Business Rescue, Restructuring & Insolvency offering.

Public Law

Our Public Law specialists have extensive experience in many key areas of public law, including public procurement, public finance management, constitutional law, administrative law, municipal law, regulatory law, competition and health law. Our lawyers have in-depth knowledge and understanding of the broader legal and policy framework for decision making. Learn more about our Public Law here.

Product Liability

Our Product Liability specialists have dealt with a large number of claims on behalf of the firm’s major manufacturing clients over many years and have extensive experience in this field. Learn more here.

International Arbitration

Our dedicated team of International Arbitration practitioners are fully equipped to help you navigate the complexities of international arbitration in Africa and to guide you through the entire process in a pragmatic and commercially driven manner. Read more about our  International Arbitration service offering.

Insurance Law

We offer multi-disciplinary insurance law expertise allowing a seamless and dedicated service to our clients. Our insurance lawyers combine a detailed knowledge of the law with a commercial awareness of the insurance industry. Learn more about our Insurance Law offering.

Construction & Engineering

Our Construction & Engineering lawyers provide legal and commercial solutions that add value to any project, from the concept phase and throughout the construction process. Learn more about offering here.

Brochures

Dispute Resolution Brochures

Dispute Resolution
Dispute Resolution
Mediation
Mediation
Agricultural Sector Brochure
Agricultural Sector Brochure
Doing Business in South Africa
Doing Business in South Africa

Newsletters

Dispute Resolution Newsletters

2022

Volume 1 - International Dispute Resolution in Africa
Volume 1 - International Dispute Resolution in Africa

Dispute Resolution Lawyers

Our Dispute Resolution lawyers have a reputation for succeeding in the most sensitive and complex of cases. Our approach is to provide pragmatic, commercially-focused legal solutions for our clients’ most complex problems.

Our Dispute Resolution Lawyers
PRACTICE HEAD
Rishaban Moodley

Rishaban Moodley

Practice Head, Sector Head, Director - +27 (0)11 562 1666rishaban.moodley@cdhlegal.com

Our Work

Featured

CDH represented Nedbank Limited acting through its Nedbank Corporate and Investment Banking division
Dispute Resolution

CDH represented Nedbank Limited acting through its Nedbank Corporate and Investment Banking division
CDH represented the Doornhoek project company and its majority shareholder and project sponsor, AMEA Power Limited
Dispute Resolution

CDH represented the Doornhoek project company and its majority shareholder and project sponsor, AMEA Power Limited

CDH represented the Doornhoek project company and its majority shareholder and project sponsor, AMEA Power Limited, in reaching financial close of the 120MW (AC) solar photovoltaic facility at Doornhoek, near Klerksdorp in the Noth West Province of South Africa.
Our team acts for a leading SA based enterprise and supplier development advisory and project management firm
Dispute Resolution

Our team acts for a leading SA based enterprise and supplier development advisory and project management firm
Our team is involved in several matters concerning the National Prosecuting Authority
Dispute Resolution

Our team is involved in several matters concerning the National Prosecuting Authority
Our team acts for a leading South Africa-based financial advisory services company
Dispute Resolution

Our team acts for a leading South Africa-based financial advisory services company
Our team represented a leading US-based global professional services network
Dispute Resolution

Our team represented a leading US-based global professional services network

All

Integrated energy & natural resources company

Cliffe Dekker Hofmeyr is a repeat adviser to a leading South Africa-based integrated energy & natural resources company on a wide range of demanding commercial litigation matters on an on-going basis including:

  • advising on the defence of a coal workers’ pneumoconiosis claim;
  • in relation to a ZAR 1.2 billion contract, for the sinking of a mineshaft.

Industrial Development Corporation of Southern Africa (IDC)

Our team is representing the IDC, an organ of state created in terms of the Industrial Development Corporation Act 22 of 1940, whose mandate is to provide project finance to new industries.  Our South Africa-based dispute resolution team is acting for the IDC in connection with a transaction to provide funding for a mining and quarry operation.  

Independent Regulatory Board for Auditors (IRBA)

CDH is representing the IRBA, a body established in terms of the Auditing Profession Act 26 of 2005 (the Act), whose role is to regulate the auditing profession in South Africa and to, among other things, prescribe auditing standards.  Our South Africa-based dispute resolution team is acting for IRBA in connection with a review application in May 2018 by the East Rand Member District of Chartered Accountants, a voluntary association of chartered accountants and registered auditors, challenging the IRBA’s decision of July 2016 to adopt and implement a rule on mandatory audit firm rotations (MAFR).  

Samancor Chrome (Samancor)

CDH is representing Samancor, the leading South Africa-based integrated ferrochrome producer.  Our South Africa-based dispute resolution team is advising Samancor in connection with a demand served by the Association of Mineworkers and Construction (AMCU) in terms of the Companies Act 71 of 2008 (section 165) on Samancor.  

Multichoice Support Services

Our team is representing MultiChoice, Africa's leading entertainment company.  Our South Africa-based media & broadcasting team is advising MultiChoice on a dispute before the Thohoyandou, Polokwane and Johannesburg High Courts pertaining to the termination by MultiChoice of certain contracts that it had entered into with a service provider, on the grounds of fraud, causing MultiChoice to suffer substantial financial loss.  

Vodacom

We represented Vodacom in relation to a dispute regarding an IMT spectrum to be auctioned off by the Independent Communications Authority of South Africa (ICASA).  Our team is also advising Vodacom on a challenge to the digital migration process and the Analogue switch-off (ASO) date determined by the Minister of Communications and Digital Technologies.  

Sasol; Sasol Siyakha Supplier and Enterprise Development Trust

Cliffe Dekker Hofmeyr is representing Sasol, the leading South Africa-based global chemical and energy company.  Our South Africa-based dispute resolution team is the repeat lead adviser to Sasol on a range of technically-complex commercial litigation matters on an on-going basis.  

Glencore Global Business Centre (GGBC)

CDH is representing GGBC, a subsidiary of Glencore, the leading Switzerland-based global commodity and mining company.  Our South Africa-based dispute resolution team is assisting GGBC in defending a claim relating to the alleged infringement of the claimant's intellectual property, coupled with unlawful competition allegations and restraint of trade claims against certain employees of GGBC.  

Puma Energy Tanzania/Puma Energy South Africa

CDH is representing Puma Energy, the leading Switzerland-based global mid- and downstream oil company.  Our South Africa-based dispute resolution team acted for Puma Energy Tanzania in a high court application in Johannesburg, successfully obtaining an order interdicting Standard Bank from releasing payment under the Letter of Credit (LC) issued by the Bank at Puma Energy’s request in favour of Alchemist Energy Trading, a UAE-based trader, pending the final resolution of legal proceedings by arbitration between the Petroleum Bulk Procurement Agency of Tanzania (the Agency) and Alchemist and/or Puma Energy.  

Dangote Cement South Africa (DCSA)

CDH is representing DCSA, one of the leading cement producers in South Africa and in Africa.   Our South Africa-based dispute resolution team is advising DCSA on a business interruption claim instituted against its insurers.  The insurers rejected DSA's claim for damages suffered as a result of the nationwide hard lockdown imposed by Government to curb the COVID-19 pandemic.  

The Independent Institute of Education

CDH is representing The Independent Institute of Education, the South-Africa-based education institution.  Our South Africa-based dispute resolution team is advising The Independent Institute of Education on the Higher Education Act of 1997 which was amended four and half years ago to include the definitions of ‘university’, ‘higher education college’ and ‘university college’ with a requirement that the institution concerned ‘meets the criteria for recognition as prescribed by the Minister’.  

Shadow Careers

We are representing SSEC, the leading South Africa-based operating minerals and investment company.  Our South Africa-based dispute resolution team is advising SSEC on several high-profile high court applications against Redpath Mining South Africa (RMSA) and Redpath Mining Africa (RPA), a Mauritius-based company, in respect of several matters flowing from impasses that has developed between SSEC (as a minority shareholder) with RMSA as the majority shareholder.  

Siyakhula Sonke Empowerment Corporation (Pty) Limited (SSC)

Cliffe Dekker Hofmeyr is representing SSC, the leading South Africa-based holding company.  Our South Africa-based dispute resolution team is advising SSC on several high-profile high court applications against Redpath Mining South Africa (RMSA) and Redpath Mining Africa (a Mauritius based company, RPA) in respect of several matters flowing from impasses that has developed between SSC (as a minority shareholder) with RMSA as the majority shareholder.  RMSA is a contract mining company engaged in tunnel and mining-related services for companies such as Anglo American and African Rainbow Mines.  

Our Work

CDH represented Nedbank Limited acting through its Nedbank Corporate and Investment Banking division
Dispute Resolution

CDH represented Nedbank Limited acting through its Nedbank Corporate and Investment Banking division
CDH represented the Doornhoek project company and its majority shareholder and project sponsor, AMEA Power Limited
Dispute Resolution

CDH represented the Doornhoek project company and its majority shareholder and project sponsor, AMEA Power Limited

CDH represented the Doornhoek project company and its majority shareholder and project sponsor, AMEA Power Limited, in reaching financial close of the 120MW (AC) solar photovoltaic facility at Doornhoek, near Klerksdorp in the Noth West Province of South Africa.
Our team acts for a leading SA based enterprise and supplier development advisory and project management firm
Dispute Resolution

Our team acts for a leading SA based enterprise and supplier development advisory and project management firm
Our team is involved in several matters concerning the National Prosecuting Authority
Dispute Resolution

Our team is involved in several matters concerning the National Prosecuting Authority
Our team acts for a leading South Africa-based financial advisory services company
Dispute Resolution

Our team acts for a leading South Africa-based financial advisory services company
Our team represented a leading US-based global professional services network
Dispute Resolution

Our team represented a leading US-based global professional services network

Integrated energy & natural resources company

Cliffe Dekker Hofmeyr is a repeat adviser to a leading South Africa-based integrated energy & natural resources company on a wide range of demanding commercial litigation matters on an on-going basis including:

  • advising on the defence of a coal workers’ pneumoconiosis claim;
  • in relation to a ZAR 1.2 billion contract, for the sinking of a mineshaft.

Industrial Development Corporation of Southern Africa (IDC)

Our team is representing the IDC, an organ of state created in terms of the Industrial Development Corporation Act 22 of 1940, whose mandate is to provide project finance to new industries.  Our South Africa-based dispute resolution team is acting for the IDC in connection with a transaction to provide funding for a mining and quarry operation.  

Independent Regulatory Board for Auditors (IRBA)

CDH is representing the IRBA, a body established in terms of the Auditing Profession Act 26 of 2005 (the Act), whose role is to regulate the auditing profession in South Africa and to, among other things, prescribe auditing standards.  Our South Africa-based dispute resolution team is acting for IRBA in connection with a review application in May 2018 by the East Rand Member District of Chartered Accountants, a voluntary association of chartered accountants and registered auditors, challenging the IRBA’s decision of July 2016 to adopt and implement a rule on mandatory audit firm rotations (MAFR).  

Samancor Chrome (Samancor)

CDH is representing Samancor, the leading South Africa-based integrated ferrochrome producer.  Our South Africa-based dispute resolution team is advising Samancor in connection with a demand served by the Association of Mineworkers and Construction (AMCU) in terms of the Companies Act 71 of 2008 (section 165) on Samancor.  

Multichoice Support Services

Our team is representing MultiChoice, Africa's leading entertainment company.  Our South Africa-based media & broadcasting team is advising MultiChoice on a dispute before the Thohoyandou, Polokwane and Johannesburg High Courts pertaining to the termination by MultiChoice of certain contracts that it had entered into with a service provider, on the grounds of fraud, causing MultiChoice to suffer substantial financial loss.  

Vodacom

We represented Vodacom in relation to a dispute regarding an IMT spectrum to be auctioned off by the Independent Communications Authority of South Africa (ICASA).  Our team is also advising Vodacom on a challenge to the digital migration process and the Analogue switch-off (ASO) date determined by the Minister of Communications and Digital Technologies.  

Sasol; Sasol Siyakha Supplier and Enterprise Development Trust

Cliffe Dekker Hofmeyr is representing Sasol, the leading South Africa-based global chemical and energy company.  Our South Africa-based dispute resolution team is the repeat lead adviser to Sasol on a range of technically-complex commercial litigation matters on an on-going basis.  

Glencore Global Business Centre (GGBC)

CDH is representing GGBC, a subsidiary of Glencore, the leading Switzerland-based global commodity and mining company.  Our South Africa-based dispute resolution team is assisting GGBC in defending a claim relating to the alleged infringement of the claimant's intellectual property, coupled with unlawful competition allegations and restraint of trade claims against certain employees of GGBC.  

Puma Energy Tanzania/Puma Energy South Africa

CDH is representing Puma Energy, the leading Switzerland-based global mid- and downstream oil company.  Our South Africa-based dispute resolution team acted for Puma Energy Tanzania in a high court application in Johannesburg, successfully obtaining an order interdicting Standard Bank from releasing payment under the Letter of Credit (LC) issued by the Bank at Puma Energy’s request in favour of Alchemist Energy Trading, a UAE-based trader, pending the final resolution of legal proceedings by arbitration between the Petroleum Bulk Procurement Agency of Tanzania (the Agency) and Alchemist and/or Puma Energy.  

Dangote Cement South Africa (DCSA)

CDH is representing DCSA, one of the leading cement producers in South Africa and in Africa.   Our South Africa-based dispute resolution team is advising DCSA on a business interruption claim instituted against its insurers.  The insurers rejected DSA's claim for damages suffered as a result of the nationwide hard lockdown imposed by Government to curb the COVID-19 pandemic.  

The Independent Institute of Education

CDH is representing The Independent Institute of Education, the South-Africa-based education institution.  Our South Africa-based dispute resolution team is advising The Independent Institute of Education on the Higher Education Act of 1997 which was amended four and half years ago to include the definitions of ‘university’, ‘higher education college’ and ‘university college’ with a requirement that the institution concerned ‘meets the criteria for recognition as prescribed by the Minister’.  

Shadow Careers

We are representing SSEC, the leading South Africa-based operating minerals and investment company.  Our South Africa-based dispute resolution team is advising SSEC on several high-profile high court applications against Redpath Mining South Africa (RMSA) and Redpath Mining Africa (RPA), a Mauritius-based company, in respect of several matters flowing from impasses that has developed between SSEC (as a minority shareholder) with RMSA as the majority shareholder.  

Siyakhula Sonke Empowerment Corporation (Pty) Limited (SSC)

Cliffe Dekker Hofmeyr is representing SSC, the leading South Africa-based holding company.  Our South Africa-based dispute resolution team is advising SSC on several high-profile high court applications against Redpath Mining South Africa (RMSA) and Redpath Mining Africa (a Mauritius based company, RPA) in respect of several matters flowing from impasses that has developed between SSC (as a minority shareholder) with RMSA as the majority shareholder.  RMSA is a contract mining company engaged in tunnel and mining-related services for companies such as Anglo American and African Rainbow Mines.  

Dispute Resolution News

More news
18 Nov 2024 Article

Realising Women's Rights for an Equal Future

Brigitta Mangale, Director in the Pro Bono & Human Rights practice, and Claudia Grobler, Associate in the Dispute Resolution practice, were recently featured in the Sunday Times Celebrating Women issue, where they discussed 'Realising Women's Rights for an Equal Future.'
19 Nov 2024 Article

Tribunal takes no nonsense with director removals

Section 71 of the Companies Act 71 of 2008 (Act) sets out the process of removing a director of a company. Usually, subsections 3 and 4 would apply, which prescribe (i) a shareholder or board resolution authorising such removal; and (ii) prior notice of such resolution being given to the affected director. In the case of Howard N.O v Powell and Another (CT01682ADJ2024) COMPTRI 57 (24 May 2024), the Companies Tribunal (Tribunal) confirmed the process of the alternative mode of removal of a director when there are fewer than three directors in theboard.   
19 Nov 2024 Article

Key highlights from the Court of Appeal’s ruling on defamation and responsible journalism

The Court of Appeal has reinforced critical principles in defamation law and the standards of responsible journalism in its decision in Ongwen and Five Others v Omollo and Six Others (Civil Appeal 133 & 150 of 2018) KECA 1444 (KLR), clarifying the duty of care journalists owe when reporting on sensitivematters.  

Market recognition

Our Dispute Resolution team is externally praised for its depth of resources, capabilities and experience.

 

  • Chambers Global 2022–2024 ranked us in Band 2 for dispute resolution.
  • Chambers Global 2018–2024 ranked us in Band 2 for restructuring/insolvency.
  • Chambers Global 2022–2024 ranked us in Band 3 for insurance.
  • Chambers Global 2020 ranked us in Band 2 for public procurement.
  • Chambers Global 2020–2022 ranked us in Band 3 for media & broadcasting.
  • Chambers Global 2020–2024 ranked us in Band 3 for corporate investigations.
  • The Legal 500 EMEA 2017–2023 recommended us in Tier 1 for dispute resolution. 

 

Market recognition

Our Dispute Resolution team is externally praised for its depth of resources, capabilities and experience.

 

  • Chambers Global 2022–2024 ranked us in Band 2 for dispute resolution.
  • Chambers Global 2018–2024 ranked us in Band 2 for restructuring/insolvency.
  • Chambers Global 2022–2024 ranked us in Band 3 for insurance.
  • Chambers Global 2020 ranked us in Band 2 for public procurement.
  • Chambers Global 2020–2022 ranked us in Band 3 for media & broadcasting.
  • Chambers Global 2020–2024 ranked us in Band 3 for corporate investigations.
  • The Legal 500 EMEA 2017–2023 recommended us in Tier 1 for dispute resolution. 

 

Happy Clients

Chambers Global 2024

"Outstanding legal advice was provided in complex matters that have been handled by lawyers from the firm. This is indicative of a wealth of legal expertise and knowledge."

Chambers Global 2024
Chambers Global 2024

"We received excellent service from the team, who are extremely responsive in dealing with our queries and any issues."

Chambers Global 2024
Chambers Global 2023

The support and responsiveness offered by the team is effective and adds value to a fluid commercial environment.

Chambers Global 2023

‘The team is very knowledgeable, is strategic in its thinking, researches the area well, and has not failed in any of our cases. They have got a good network of lawyers and counsel.’

The Legal 500 EMEA

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