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Leading Litigators offering legal advice on Dispute Resolution including Litigation, Arbitration, Alternative Dispute Resolution and Mediation
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Areas of Practice | Law
 
Litigation, Arbitration and Alternative Dispute Resolution by a leading Litigation team offering strategic advice whether in a court room, arbitration, tribunal hearing or dispute resolution forum
 

Regarded as one of the leading dispute resolution teams in South Africa, our attorneys are well placed to offer our clients outstanding advice, whether strategic or general, coupled with professional and efficient legal service, whether in a court room, arbitration, tribunal hearing, dispute resolution forum or mediation.  The dispute resolution department’s assistance is sought in all areas of law, but most notably in the following areas:

Public and Regulatory Law Tax Pharmaceutical and HealthcareMedico LegalCompetition (Anti-Trust), International Trade and Lobbying Bankruptcy, Re-Structuring and Insolvency Banking and Finance Broadcasting and Electronic Communications Commercial Property Media, Entertainment and Sport Maritime and Transport Competition (Anti-Trust), International Trade and Lobbying Construction and Engineering Divorce and Children's Act Mediation Information Technology Environment, Mining, Energy and Natural Resources Benefits (Pensions, Medical & Incentive Schemes) Competition (Anti-Trust), International Trade and Lobbying E-Commerce, IT Law, Domain Names Insurance Forensics and White Collar Crime Intellectual Property

 

ADMINISTRATIVE, PUBLIC LAW & REGULATORY

Bowman Gilfillan regularly represents clients in proceedings before statutory bodies that regulate diverse areas of economic and social activity. These include the Competition Commission and Competition Tribunal, the International Trade Administration Commission, the Financial Services Board, the Securities Regulation Panel, the Independent Communications Authority, the Human Rights Commission, the Medicines Control Council, the Commission on the Restitution of Land Rights, the Department of Health’s Pricing Committee and various gaming and gambling regulatory bodies. We also act for clients in High Court reviews of the conduct of such regulatory authorities, whose acts and decisions must be lawful, rational and procedurally fair.

Gordon, Athol +27 21 480 7823 Partner profile
Makka, Ajay +27 11 669 9585 Partner profile
Ngcukaitobi, Tembeka +27 11 669-9531 Partner profile
Pretorius, Daniel +27 11 669-9381 Partner profile
Rushton, Gordon +27 21 480 7827 Partner profile
Todd, Chris +27 11 669-9538 Partner profile
Tucker, Claire +27 11 669-9402 Partner profile
Dyer, Livia +27 11 669-9334 Partner profile
Hugo, Robyn +27 11 669-9517 Partner profile
Murray, Bronwyn +27 11 669-9541 Partner profile
Rusa, Mandisi +27 11 669-9590 Partner profile
Smith, Andrew +27 11 669-9561 Partner profile
Tulk, Reghana +27 11 669 9558 Partner profile


ALTERNATIVE DISPUTE RESOLUTION

The commitment that we give to clients is to identify and pursue the most effective means possible of avoiding or resolving disputes.  Alternative Dispute Resolution refers to a wide range of processes that may be called upon to give effect to this commitment.  ADR processes include arbitration (in its various forms), judicial appraisal, expert determination, ombudsman services, med-arb, neutral fact finding, early neutral evaluation, mediation (in its various forms), executive tribunals, independent interventions, assisted stakeholder dialogue, brokered talks, independent review, and relationship building.  ADR is flexible, and specific processes can be designed to suit complex disputes in almost any situation in which conflict or disputes may arise.  Our dispute resolution lawyers believe that where there is willingness to resolve a dispute or to take the necessary steps to prevent a dispute from arising, there is always a process that can be found or designed that is suitable to achieve that end.  The key is to identify a process that is likely to most effective, particularly in time and cost, to achieve the desired objective.

Brand, John +27 11 669-9503 Partner profile
Gordon-Grant, Tim +27 11 669-9555 Partner profile
Higgins , Greg +27 11 669-9516 Partner profile
Maduna, Penuell +27 11 669-9358 Partner profile
Rushton, Gordon +27 21 480 7827 Partner profile
Todd, Chris +27 11 669-9538 Partner profile
D Arcy Donnelly, Sally +27 11 669-9552 Partner profile


ANTITRUST & COMPETITION

Lawyers in Bowman Gilfillan’s competition law practice represent clients in a variety of matters before the Competition Tribunal, a statutory body created in terms of the Competition Act, 89 of 1998. This representation takes the form of defending clients against allegations of anti-competitive behaviour in contravention of the Competition Act, seeking leave to intervene (on behalf of a client which is an interested party) in cases in which the Competition Commission or a third party alleges that an entity is engaging in anti-competitive behaviour and representing parties in large merger proceedings. Lawyers in the practice are not only well versed in the statutory framework of competition legislation, but also draw from the litigation and administrative law knowledge and experience of other members of the team.

Cadman, Veronica +27 11 669-9428 Partner profile
Dini, Tamara +27 21 480 7910 Partner profile
Legh, Robert +27 11 669-9352 Partner profile
Lotter, Derek +27 11 669-9357 Partner profile
Meijer, Jean +27 11 669 9384 Partner profile
Mtanga, Lulama +27 11 669 9371 Partner profile
Angumuthoo, Maryanne +27 11 669-9395 Partner profile
Dhladhla, Iona +27 11 669-9326 Partner profile


ARBITRATION (LOCAL AND INTERNATIONAL)

Arbitration is an alternative dispute resolution process where parties appoint an arbitrator (or a panel of arbitrators) to make a ruling which, in the absence of an agreement to allow for an appeal, is final and binding.  

Arbitration has been a popular method of resolving disputes particularly in the employment, construction and engineering sectors.  

A number of the directors of the firm are members of the Association of Arbitrators and have significant expertise in domestic arbitrations.  The firm is also becoming more involved in international arbitrations.  On account of the time which it takes to get to trial as well as the appeal procedures involved, arbitration is regarded as a speedy and effective means of resolving disputes.

Aguiar, Armando +27 11 669-9545 Partner profile
Anderson, Adam +27 11 669-9546 Partner profile
Brand, John +27 11 669-9503 Partner profile
Carter, Miles +27 11 669-9550 Partner profile
Gordon, Athol +27 21 480 7823 Partner profile
Gordon-Grant, Tim +27 11 669-9555 Partner profile
Higgins , Greg +27 11 669-9516 Partner profile
McKinnell, James +27 21 480 7820 Partner profile
Morson, Rob +27 11 669-9370 Partner profile
Whelan, Peter +27 21 480 7900 Partner profile
D Arcy Donnelly, Sally +27 11 669-9552 Partner profile
Gewer, Donna +27 11 669-9569 Partner profile
Rusa, Mandisi +27 11 669-9590 Partner profile
Sahli, Jonathan +27 11 669-9571 Partner profile
Shein, Richard +27 11 669-9572 Partner profile
Sibuyi, Dennis +27 11 669-9393 Partner profile


BANKRUPTCY, RESTRUCTURING & INSOLVENCY

Dispute resolution is not a concept which one would normally expect to fall within the Insolvency and Business Restructuring practice area. However, pending the implementation of the anticipated business rescue provisions, dispute resolution is in fact utilised. Arrangements which are advantageous to both the debtor and the general body of creditors can be reached outside of the formal liquidation process, judicial management is still a limited option and the threat of liquidation proceedings is often a catalyst to bring the parties to the table to implement a settlement.

Aguiar, Armando +27 11 669-9545 Partner profile
Allaway, Don +27 11 669-9301 Partner profile
Anderson, Adam +27 11 669-9546 Partner profile
Carter, Miles +27 11 669-9550 Partner profile
Gordon-Grant, Tim +27 11 669-9555 Partner profile
Harris, Adam +27 21 480 7837 Partner profile
Hart-Davies, Paul +27 21 480 7913 Partner profile
McKinnell, James +27 21 480 7820 Partner profile
Smit, Jason +27 11 669-9528 Partner profile
van Zuylen, Claire +27 11 669-9406 Partner profile
Whelan, Peter +27 21 480 7900 Partner profile
Sibuyi, Dennis +27 11 669-9393 Partner profile


BROADCASTING & ELECTRONIC COMMUNICATIONS

Bowman Gilfillan’s Broadcasting and Electronic Communications Law practice area has been at the forefront of the development of South Africa’s broadcasting and telecommunications jurisprudence for more than a decade.  The firm has been involved in numerous High Court review applications, as well as appeals to the Supreme Court of Appeal and the Constitutional Court, in respect of regulatory decisions in this area of the law.  In addition, the firm has represented clients in proceedings before the Broadcasting Monitoring and Complaints Committee and its successor, ICASA’s Complaints and Compliance Committee.

Pretorius, Daniel +27 11 669-9381 Partner profile
Tucker, Claire +27 11 669-9402 Partner profile
Dyer, Livia +27 11 669-9334 Partner profile


COMMERCIAL LITIGATION

At Bowman Gilfillan, we acknowledge that, despite the most well thought out commercial plans, disputes are inevitable. Our team of commercial litigation specialists are all well placed to analyse commercial litigation disputes and identify creative solutions which, wherever possible, prevent disputes from escalating to the point where they have to be resolved by a court. If court-based litigation is ultimately unavoidable, our approach remains to attempt to resolve any dispute in a cost-effective manner aimed at generating results which are commercially relevant to our clients’ needs.

Aguiar, Armando +27 11 669-9545 Partner profile
Anderson, Adam +27 11 669-9546 Partner profile
Carter, Miles +27 11 669-9550 Partner profile
Gordon, Athol +27 21 480 7823 Partner profile
Gordon-Grant, Tim +27 11 669-9555 Partner profile
Higgins , Greg +27 11 669-9516 Partner profile
McKinnell, James +27 21 480 7820 Partner profile
Rushton, Gordon +27 21 480 7827 Partner profile
Von Ludwig, Ceri +27 11 669-9577 Partner profile
Whelan, Peter +27 21 480 7900 Partner profile
Biela, Carina +27 11 669-9306 Partner profile
D Arcy Donnelly, Sally +27 11 669-9552 Partner profile
Dulin, Carol +27 11 669 9591 Partner profile
Gewer, Donna +27 11 669-9569 Partner profile
Purchase, Matthew +27 11 669 9568 Partner profile
Rusa, Mandisi +27 11 669-9590 Partner profile
Sahli, Jonathan +27 11 669-9571 Partner profile
Shein, Richard +27 11 669-9572 Partner profile
Sibuyi, Dennis +27 11 669-9393 Partner profile
Wagener, Mike +27 21 480 7825 Partner profile
Jooste, Dennis +27 11 669-9557 Partner profile


COMMERCIAL PROPERTY & REAL ESTATE

In the practice area of commercial property and real estate, we have lawyers who offer specialist dispute resolution advice and solutions (litigation, arbitration and mediation) in commercial property and real estate disputes.  Our services include a full spectrum of this practice area, including disputes arising out of lease agreements, evictions (whether in accordance with PIE, SETA or the common law), acquisitions, disposals, property developments, construction, regulatory matters (rates, rezoning, sub-division), and general contractual arrangements pertaining to property.

Aguiar, Armando +27 11 669-9545 Partner profile
Anderson, Adam +27 11 669-9546 Partner profile
Gordon-Grant, Tim +27 11 669-9555 Partner profile
Higgins , Greg +27 11 669-9516 Partner profile
D Arcy Donnelly, Sally +27 11 669-9552 Partner profile


CONSTITUTIONAL ADVICE & LITIGATION

Since the advent of democracy, constitutional law has become central to our understanding of the law. It literally stretches the entire legal landscape from exercise of power by the state, statutory interpretation, delictual liability of the state arising of conduct state officials to legality of contractual provisions. At Bowman Gilfillan, we are appropriately skilled to provide advice and guidance on these questions of law. But our approach to constitutional law is not theoretical, it is focused on the practical effects of the constitution in relation to our client's needs. We represent clients in ligation at the High Court, Labour Court, Supreme Court of Appeal and finally Constitutional Court. Next time you experience an apparently intractable constitutional question, think of Bowman Gilfillan.

Makka, Ajay +27 11 669 9585 Partner profile
Ngcukaitobi, Tembeka +27 11 669-9531 Partner profile
Pretorius, Daniel +27 11 669-9381 Partner profile
Dyer, Livia +27 11 669-9334 Partner profile
Hugo, Robyn +27 11 669-9517 Partner profile
Murray, Bronwyn +27 11 669-9541 Partner profile
Smith, Andrew +27 11 669-9561 Partner profile


CONSTRUCTION AND ENGINEERING

We have a dedicated Construction Law Group spanning both transactional and dispute resolution disciplines. Our skilled and experienced team of construction and engineering lawyers provide specialist advice and assistance in relation to construction and engineering disputes.  Our diverse team includes mediators, arbitrators and litigators.

Our expertise relates to the entire spectrum of construction an engineering law and the related regulatory environment and includes a thorough knowledge of the standard forms of contract including FIDIC, the NEC, the SAICE General Conditions of Contract and the JBCC. 

Drawing on the diverse expertise and experience of the Construction Law Group partners, who have an in-depth understanding of issues that present themselves in the construction and engineering environment, enhanced by the ability to draw on Bowman Gilfillan’s various practice areas, we are able to deliver relevant and practical advice and insight efficiently and cost–effectively.

Aguiar, Armando +27 11 669-9545 Partner profile
Anderson, Adam +27 11 669-9546 Partner profile
Gordon, Athol +27 21 480 7823 Partner profile
Morson, Rob +27 11 669-9370 Partner profile
Rushton, Gordon +27 21 480 7827 Partner profile
Smit, Jason +27 11 669-9528 Partner profile
D Arcy Donnelly, Sally +27 11 669-9552 Partner profile
Sahli, Jonathan +27 11 669-9571 Partner profile
Sibuyi, Dennis +27 11 669-9393 Partner profile
Jooste, Dennis +27 11 669-9557 Partner profile


DIVORCE & CHILDREN'S ACT MEDIATION

Divorce Mediation is a cost-effective and non-litigious way to unbundle a marriage. It especially assists divorcing parents in retaining workable relationships with each other and their children.  Mediation can assist amicable dissolution of any relationship.

The Children’s Act requires mediation on disputes about a biological father’s fulfillment of requirements for parenting responsibilities and rights.

Ceri von Ludwig, specialist family lawyer, is a trained and SAAM registered mediator.

Von Ludwig, Ceri +27 11 669-9577 Partner profile
Pillay, Perusha +27 11 669 6660 Partner profile


DOMAIN NAMES

Domain name cybersquatting (or the practice of registering Internet addresses and then trying to sell them for inflated prices) is rife on the Internet. We specialise in resolving these domain name disputes using domain name dispute resolution procedures such as the Uniform Domain Name Dispute Resolution Procedure (or “UDRP”) that applies to .com, .net and .org domain names as well as the domain name dispute resolution procedure that applies to .za domain names.

Boshoff, Quentin +27 11 669-9649 Partner profile
du Toit, Mike +27 11 669-9651 Partner profile
Scott, Gaelyn +27 11 669-9661 Partner profile
Stilwell, Vicky +27 11 669-9676 Partner profile
Weertman, Warren +27 11 669-9611 Partner profile
Alberts, Wim +27 11 669-9648 Partner profile


EMPLOYEE BENEFITS, PENSIONS & MEDICAL AID

The Employee Benefits Group practices commercial mediation, arbitration and litigation in respect of pension, healthcare and other benefits-related disputes.  Our benefits lawyers are recognised as practitioners of choice to represent parties in the High Court, the Labour Court, the Equality Court, employment tribunals, section 15K (pension surplus) tribunals and before the appeal organs of the Financial Services Board and the Council for Medical Schemes.  We have experience in lobbying the regulators regarding legislative interpretation and policy formulation to minimise disputes.

Aguiar, Armando +27 11 669-9545 Partner profile
Damant, Graham +27 11 669-9508 Partner profile
Geral, David +27 11 669-9514 Partner profile
Smit, Jason +27 11 669-9528 Partner profile
von Witt, Bob +27 21 480 7844 Partner profile


EMPLOYMENT

The employment law department principally deals with disputes arising out of the employment relationship.  Many of these disputes culminate in litigation in the CCMA, the Labour Court, the Labour Appeal Court, the Pension Funds Adjudicator, the High Court or in private arbitration.  We assist and represent parties throughout the process of dispute resolution. The disputes include disputes about dismissals, discrimination, strikes, the review of CCMA arbitration awards, wages and collective bargaining, executive incentive schemes and medical and retirement benefit funds.

Brand, John +27 11 669-9503 Partner profile
Carr, Robin +27 11 669-9504 Partner profile
Damant, Graham +27 11 669-9508 Partner profile
Davey, Rosalind +27 11 669 9510 Partner profile
Fulton, Karen +27 11 669-9513 Partner profile
Geral, David +27 11 669-9514 Partner profile
Kaapu, Jerry +27 11 669-9519 Partner profile
Laubscher, Talita +27 11 669-9522 Partner profile
Makka, Ajay +27 11 669 9585 Partner profile
Ngcobo, Henry +27 11 669-9530 Partner profile
Ngcukaitobi, Tembeka +27 11 669-9531 Partner profile
van Voore, Randall +27 21 480 7840 Partner profile
von Witt, Bob +27 21 480 7844 Partner profile
Wilson, Shelley +27 11 669-9543 Partner profile
Achada, Theresa +27 11 669-9500 Partner profile
Hugo, Robyn +27 11 669-9517 Partner profile
Macdonald, Brigitte +27 11 669-9305 Partner profile
Mudely, Eva +27 11 669-9563 Partner profile
Murray, Bronwyn +27 11 669-9541 Partner profile
Smith, Andrew +27 11 669-9561 Partner profile
Tulk, Reghana +27 11 669 9558 Partner profile
Wagener, Mike +27 21 480 7825 Partner profile


ENVIRONMENT, MINING, ENERGY & NATURAL RESOURCES

Members of  this practice area regularly bring appeals and  High Court reviews of decisions taken by the Department of Water Affairs, the provincial environmental  authorities, the Department of Mineral Affairs, regulatory authorities such as the National Energy Regulator and the Nuclear Energy Regulator and the Department of Environment Affairs and Tourism.   We have experience litigating in the High Court on constitutional  aspects of environmental rights, water rights and socio-economic rights.   We have successfully appealed and defended appeals of environmental impact assessment decisions and taken such decisions on review to the High Court.  We have experience defending criminal prosecutions related to pollution and unpermitted activities.

Tucker, Claire +27 11 669-9402 Partner profile
Stobart, Mandy +27 11 669-9354 Partner profile


FORENSICS & WHITE COLLAR CRIME

Our approach to forensic investigations aims to reduce, control, and prevent white collar crime such as fraud, theft, breach of trust, the corruption of public officials, the insolvency process, securities fraud, and counterfeiting. Our services include fraud prevention and detection, computer forensics, forensic audit and investigation, procurement services, human resources audits, fraud reporting, civil loss recovery, criminal action, and employment law services. The single most effective and long term investment any organisation can make is to empower its people with knowledge and understanding with regard to the fight against economic crime. Our services accordingly include comprehensive fraud training.

Carter, Miles +27 11 669-9550 Partner profile
Loxton, Dave +27 11 669-9525 Partner profile
Makka, Ajay +27 11 669 9585 Partner profile
Ngcukaitobi, Tembeka +27 11 669-9531 Partner profile
Rushton, Gordon +27 21 480 7827 Partner profile
van Zuylen, Claire +27 11 669-9406 Partner profile
Munro-Smith, Mandy +27 11 669-9560 Partner profile
Purchase, Matthew +27 11 669 9568 Partner profile
Viljoen, Tanya +27 11 669-9551 Partner profile
Kruger, Johan +27 11 669-9537 Partner profile


INFORMATION TECHNOLOGY

At present IT-related disputes can be settled either by way of arbitration or High Court litigation. They key to successful IT dispute resolution is technical understanding of IT issues. Our IT dispute resolution practitioners all have an understanding of IT and take a keen interest in IT developments. This means that in any IT related dispute we are able to offer a level of understanding and expertise to ensure that clients receive the best outcome.

Higgins , Greg +27 11 669-9516 Partner profile
McKinnell, James +27 21 480 7820 Partner profile
Parker, Llewellyn +27 11 669-9635 Partner profile
Weertman, Warren +27 11 669-9611 Partner profile


INTELLECTUAL PROPERTY

Disputes regarding the validity and enforceability of Intellectual Property rights, such as patents, trade marks, designs and copyright, need to be determined by a court of law.  A notable exception is the recently introduced domain name dispute resolution regulations that may be used to address the unauthorised registration of a .co.za domain name.  In addition, contractual disputes involving Intellectual Property do lend themselves to being settled by an alternative dispute resolution procedure.

Boshoff, Quentin +27 11 669-9649 Partner profile
du Toit, Mike +27 11 669-9651 Partner profile
Fiandeiro, Johnny +27 11 669 9610 Partner profile
Joffe, Frank +27 11 669-9627 Partner profile
Scott, Gaelyn +27 11 669-9661 Partner profile


INTERNATIONAL TRADE

The lawyers in our international trade law practice have extensive experience in international trade dispute settlement including at the World Trade Organization, all the European Union institutions, particularly the European Commission, and the International Trade Administration Commission of South Africa involving a wide range of international trade issues such as anti-dumping, subsidies and safeguards.

Legh, Robert +27 11 669-9352 Partner profile
Whelan, Peter +27 21 480 7900 Partner profile
Sibuyi, Dennis +27 11 669-9393 Partner profile


MARITIME AND TRANSPORT

Conflict is part and parcel of international shipping and trade. Disputes are generally multi-faceted – often involving numerous parties and jurisdictions. For over a century, the Maritime & Transport Department at Bowman Gilfillan has met the demands of the industry by providing dispute resolution services to our extensive range of local and international clients. We strive to solve problems in a manner which is efficient, commercially sound and cost-effective.

We are one of the largest dedicated shipping & transport legal teams in the country with expertise in the following areas:

  • Maritime casualties – collisions, groundings and salvage
  • Ship arrests
  • Bills of lading and charterparty disputes
  • Hull and cargo insurance
  • Ship mortgage foreclosures
  • P&I
  • Personal injury
  • Customs & Excise
  • Clearing & Forwarding
As ship casualty experts, we concentrate on avoiding legal problems before they start by operating a 24-hour emergency response team.

Charnock, Graham +27 21 480 7806 Partner profile
Cunningham, Craig +27 21 480 7801 Partner profile
Dyason, John +27 21 480 7813 Partner profile