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dispute resolution


The team is known within the industry for its "strong proficiency when it comes to issues related to litigation.
Chambers Global Guide, 2019

ENSafrica’s large dispute resolution team has extensive experience in advising local and international corporations, financial institutions, governments and regulatory bodies in respect of a wide range of disputes across the African continent that require proactive and effective solutions.

Our dedicated team focuses on dispute avoidance and risk management, with an emphasis on early assessment of the matter and a careful consideration of all aspects before taking action, in order to ensure that we adopt the right strategy to meet your expectations. This means that counsel and advice is obtained before any litigation process is considered.

Our key differentiator is that we have represented numerous clients in prominent, ground-breaking litigation, as well as in cross-border litigation. These high-profile market firsts have involved very complex aspects that are without precedent. By way of example, we have advised and represented clients in relation to every class action in South Africa to date.

Although the matters we deal with vary in size, complexity and risk profile, we are primarily recognised as lead attorneys in large and complex matters.

We have the unique advantage, as part of Africa’s largest law firm, of being able to harness the expertise of more than 600 practitioners throughout the continent. ENSafrica has a significant breadth and depth of experience and specialist expertise that spans all commercial areas of law, tax, forensics and IP.

As such, we regularly partner with specialists across the firm, meaning that we are able to assist with all aspects of all matters across all sectors in all African jurisdictions, ensuring that your legal requirements are handled quickly and seamlessly.

what we offer

We act in, and advise on, all aspects of commercial litigation and dispute resolution, both before and after the start of any litigation process, including:

  • advising on alternative dispute resolution processes, including mediation
  • advising on, and representing clients in, settlement negotiations
  • assisting with administrative appeals in relation to decisions by regulatory bodies, including reviews of such decisions
  • assisting with, and representing clients in relation to, draft legislation and regulations submissions
  • furnishing opinions to clients on all aspects of dispute resolution
  • liaising with foreign legal counsel on behalf of clients in relation to cross-border litigation and coordinating the management of such matters
  • representing clients before the statutory ombuds of various industries
  • representing clients in arbitrations and regulatory tribunals (local and international)
  • representing clients in courts throughout Africa
  • representing clients in regulatory tribunals and hearings convened in terms of statutes

We advise extensively on issues and disputes throughout Africa in a variety of areas, including:

  • administrative and regulatory
  • banking and finance
  • business fraud
  • class actions
  • companies
  • constitutional
  • construction and engineering
  • contracts
  • customs
  • energy and natural resources
  • fishing and marine resources
  • information technology
  • insurance and professional indemnity insurance
  • international trade
  • mining
  • pension funds
  • product liability
  • property
  • tax and exchange control