Litigation and Arbitration

South Africa is a constitutional democracy that adheres to the Rule of Law, meaning that all people are subject to the same laws of justice. Litigation involves the legal process for settling those disputes or claims between and amongst natural persons, juristic persons and the State that requires objective determination. No person is immune against getting embroiled in legal disputes.

It can be a simple buying and selling matter or collecting what is owed to you, but more often than expected a dispute can evolve in a complex civil matter where you need an experienced and skilful attorney to persuade an impartial adjudicator to balance competing and conflicting rights in order to arrive at a just and equitable outcome.

Notwithstanding one’s best efforts, once a dispute cannot be resolved amicably, you will need a litigation attorney to assist and represent you in resolving the dispute, either through skilled negotiations and a settlement or bringing your case before a court of law or other form of dispute resolution.

Courts and adjudicators depend on attorneys to advise their clients of their rights and to represent them in an honest and skilful manner that advances the interest of the client at all times.

Smith Attorneys offer the following specialized services in our litigation departments:

• Litigation relating to constitutional matters and rights in both the High Court and Constitutional Court
• Administrative and Judicial Appeals and Reviews in the High Court and Supreme Court of Appeal
• All civil matters that require litigation in the High Court, Regional Court or Magistrate’s Court
• Commercial litigation, including contractual, engineering and building disputes in specialized forums
• Liquidations, Insolvencies and Business Rescue matters