Contractual Disputes
When disputes occur, parties may seek resolution through various means, including mediation, arbitration or litigation. Each method has its advantages and choosing the right approach depends on the specific circumstances of the dispute. Our expert litigation team is well placed to assist parties in understanding their rights and obligations in all commercial dealings and can provide advice and representation at all stages of a transaction, including the pre-contractual negotiations, pre-litigation, litigation, and post-litigation enforcement stage. Our expert Contractual disputes team can assist you with all your contractual dispute needs.
Contractual Dispute Services
- Preparing all agreements recording the rights and obligations of parties to a commercial relationship
- Offering representation during pre-contractual negotiations
- Providing input on draft agreements, including reviewing agreements for potential regulatory approvals (such as with the Competition Commission, Competition Tribunal or other regulatory bodies)
- Advising clients on their rights and obligations
- Assisting clients to mitigate risks when they are no longer able to perform certain obligations
- Representing parties where its counterpart fails to perform
- Representing and advising clients in revisions to agreements, including amendments, cancellations and extensions
- Providing advice in respect of cancellation of agreements
- Instituting or opposing legal proceedings in respect of the enforcement of agreements
- Representing clients in mediations, conciliations, arbitrations or court proceedings
- Pursuing a follow-on claim for damages following a breach of an agreement.
Contact One of Our Contractual Dispute Professionals
Litigation privilege and insurer-commissioned expert reports: A recent reaffirmation
Introduction A recent High Court judgment has reaffirmed the protection afforded by litigation privilege to expert reports commissioned by insurers in the context of pending litigation. The case conce...
August 13 2026
When is an Insured Entitled to Independent Legal Representation at the Insurer’s Expense? Lessons from a US Court.
In Fabyanske, Westra, Hart & Thomson, P.A. v. Western National Mutual Insurance Company, the Minnesota Court of Appeals held that where a liability insurer undertakes the defence of an insured sub...
August 04 2026
Joining a Defendant After Death: Why It Doesn’t Save an Extinguished Claim
The Gauteng Division of the High Court, Pretoria, recently had to decide an issue in the judgment of Maoto N.O v Minister of Police (54912/2014) concerning the transmissibility of a non-patrimonial da...
August 03 2026
How can we help you?
We have offices in four major cities in South Africa: Pretoria, Johannesburg, Cape Town, and Durban. Additionally, we have 23 associate offices in the rest of Africa, the firm serves as a gateway into Africa for IP clients. Please contact your nearest office for any legal enquiry or assistance.