Corporate Disputes

Our corporate and commercial dispute resolution team, comprising lawyers who are leaders in their fields, specialises in handling major and complex opinion work, litigation and negotiations/settlements which arise from disputes concerning both local and international corporate transactions. The team consistently achieves optimal results for clients before arbitral tribunals and at the High Courts, Supreme Court of Appeal (SCA) and Constitutional Court.

We act principally for major corporate and government entities, including major mining houses, banks, provident funds, pension fund administrators, foreign investors, insurers and reinsurers, entities in the entertainment business and various manufacturers.

Top Matters:

• Successful defence in the SCA of a ZAR400 million unlawful competition and breach of fiduciary duties claim against a major transnational plastics company.
• An extremely favourable settlement for our client, the claimant, in a ZAR550 million arbitration in respect of a black economic empowerment transaction and shareholder dispute.
• Acting for the Actis Africa Empowerment Fund LP in relation to an appeal in the SCA, which resulted in a subsequent settlement in relation to a dispute arising out of a ZAR120 million loan advanced to a BEE investor in Platmin plc.
• Acting for Absa Capital, a division of Absa Bank Limited, in relation to various matters, most significantly recoveries actions in aggregate of ZAR1 billion arising out of defaults under single stock futures contracts where Absa Capital acted as clearing member.
• Representing CEPPWAWU in relation to an ongoing dispute relating to its investment arm and CEPPWAWU's attempts to obtain control of its investments, worth more than ZAR1 billion.
• Acting for various Italian and Luxembourg investors in a EUR266 million bilateral investment treaty arbitration claim against the South African government.
• Representing the claimant in a ZAR165 million arbitration relating to a contractual dispute arising from services rendered in the steel and engineering industry and reaching a favourable settlement.
• Successful representing a BEE majority shareholder in a dispute with its co shareholder, Kelly Group Limited, of an empowerment vehicle regarding alleged unlawful competition.
• Acting for an international company in respect of its local subsidiary involved in alleged corruption with a parastatal.
• Representing various individuals in high-profile matters involving the President, the Minister of Justice, the Minister of Human Settlements and other senior members of government including the Special Investigations Unit (SIU) and the National Intelligence Agency (NIA).