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Dispute Resolution | South Africa

Dispute resolution

The CMS Dispute Resolution team offers the full range of integrated support, sector and commercial experience and a world-class service to respond quickly to you - a true 360° approach, from long-term planning and deployment of case strategy to emergency response, injunctions and applications and expedited procedures.

We handle all your risk and dispute interactions from regulators to reporters, on issues from data breaches to disputes, in arenas from cyberspace to the c-suite. 

Whatever your risks, you need to deal with them in ways that build your resilience and protect your reputation. We will be there around the clock and around the world, whenever and wherever you need us.

Our team is experienced in all forms of dispute resolution, including:

  • commercial litigation 
  • general litigation  
  • arbitration, mediation and alternative dispute resolution
  • judicial review
  • constitutional and administrative law reviews 
  • reputation management
  • sector specific skills 

Litigation

At CMS, we put your world first. You do not want to litigate. You want to avoid disputes and when they do arise, be with the right team to resolve them.

We work with our clients to navigate the most complex matters and embrace a range of technologies, project management expertise and resources to deliver value for them.

Where your dispute cannot be resolved in any other way, we will deploy our expertise and resources to fight in your corner to the end.

Members of our team are specialised in mining as well as construction and engineering litigation, representing mining houses and engineering firms.

What we offer

  • alternative dispute resolution
  • banking and finance disputes
  • business rescue, financial restructuring and insolvency
  • class actions
  • construction and engineering
  • cross-border disputes 
  • data protection, privacy and cyber-security
  • employment and labor
  • energy
  • fraud and asset recovery
  • insurance
  • international arbitration
  • mining
  • product liability, including automotive, pharmaceuticals and medical device
  • professional negligence
  • public and administrative law
  • regulation and investigations, including compliance, regulatory and enforcement
  • securities litigation, regulation and enforcement
  • shareholder disputes and activism
  • tax
  • white-collar crime 

 

 

CMS is my go-to firm for arbitration and litigation cases as it is prompt in answering, very solution-oriented, sharp and provides to-the-point advice. Moreover it is procedurally savvy and highly efficient. I like that it doesn’t waste our time with dozens of pages of theoretical evaluations

Chambers & Partners

CMS is known for a well-respected practice… Predominantly focuses on banking and commercial litigation, contract disputes and corporate investigations. Also recommended for international arbitration

Chambers & Partners

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21/11/2022
How to deal with em­ploy­ees in a crim­in­al syn­dic­ate
For any crim­in­al syn­dic­ate look­ing to tar­get a busi­ness, there are few things more valu­able than hav­ing ac­cess to a com­pany in­sider. Wheth­er they are able to plant someone in­side the or­gan­isa­tion by filling...
16/11/2022
Beat­ing or­gan­ised crime re­quires speed, agil­ity and plan­ning
Know­ing and un­der­stand­ing the vari­ous leg­al rem­ed­ies avail­able is also a crit­ic­al in lim­it­ing the dam­age and pre­vent­ing fur­ther loss. Any­one who has paid at­ten­tion to the head­lines over the past few...
15/11/2022
The rise of syn­dic­ates — a con­sid­er­a­tion of or­gan­ised crime
Or­gan­isa­tions should un­der­stand how syn­dic­ates op­er­ate, what to look out for, and what leg­al re­course they have. In SA most people are fa­mil­i­ar with the idea of crim­in­al syn­dic­ates. You may have read...
10/11/2022
The ma­li­cious threat of ghost em­ploy­ees in or­gan­isa­tions
Or­gan­isa­tions face a mul­ti­tude of com­mer­cial crime risks. These in­clude fraud, theft, cy­ber­crime, and cor­rup­tion. Fraud is a sig­ni­fic­ant risk that or­gan­isa­tions face, and or­gan­isa­tions need to be cog­nis­ant...
08/11/2022
What com­pan­ies need to know to be pro­tec­ted against com­pany hi­jack­ing
In 2014, a fraud­ster was con­victed of com­pany hi­jack­ing. This con­vic­tion for com­pany hi­jack­ing, the first of its kind, in­volved a mem­ber of a syn­dic­ate that fraud­u­lently sub­mit­ted CM29 forms to the Com­pan­ies...
07/11/2022
Money Laun­der­ing and Crime Syn­dic­ates: FICA and PO­CA
When one reads me­dia head­lines re­lat­ing to money laun­der­ing and or­gan­ized crime, it can strike fear of the un­known in any read­er. It should come as no sur­prise that South Africa has one of the highest...
03/11/2022
Nav­ig­at­ing the in­creas­ing risk of fraud in mod­ern day South Africa
South Africa has over many dec­ades grown to be an in­creas­ingly fa­vour­able hunt­ing ground for em­boldened crim­in­als look­ing to cap­it­al­ize on any op­por­tun­it­ies arising out of the nu­ances that ac­com­pany a...
01/11/2022
The ef­fect of third-party cor­rup­tion on an or­gan­isa­tion
It goes without say­ing that work­ing with ex­tern­al third parties is in­ev­it­able when con­duct­ing busi­ness. In this re­spect, most or­gan­isa­tions work with one or more sup­pli­ers, ser­vice pro­viders, agents and/or...
30/09/2022
The Concept of Dis­pute Avoid­ance: a ma­gic wand for cor­por­ate South Africa?
With the like­li­hood of a glob­al re­ces­sion in 2023 and the con­cern­ing fall in the value of the Rand against the ma­jor cur­ren­cies, it is clear that South Africa will con­tin­ue to face tough eco­nom­ic times.For...
31/08/2022
Zaakir Mo­hamed ap­poin­ted as Deputy Chair­per­son of the ICFP
Jo­han­nes­burg - based part­ner Zaakir Mo­hamed has been elec­ted to serve as the Deputy Chair­per­son of the Board of Dir­ect­ors of the In­sti­tute of Com­mer­cial Forensic Prac­ti­tion­ers (ICFP).  The ICFP is a...
25/07/2022
Data Breaches: Pre­ven­tion is Bet­ter than Cure
Re­spond­ing to a data breach is a com­plex and bur­den­some task. Even if an or­gan­isa­tion is well-pre­pared and re­sponds ef­fect­ively to a data breach, the fal­lout may still res­ult in severe fin­an­cial, op­er­a­tion­al...
22/07/2022
Data Breaches: Prac­tic­al Con­sid­er­a­tions
All or­gan­isa­tions are vul­ner­able to cy­ber-at­tacks. Cy­ber­crim­in­als will at­tack any or­gan­isa­tion from which they can pos­sibly profit or be­ne­fit (be it fin­an­cially or oth­er­wise). This is a press­ing loc­al...