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Dispute Resolution | South Africa

Dispute resolution

South Africa

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 
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7 October 2019
CMS ex­pands in Africa
Frank­furt, 7 Oc­to­ber 2019. CMS an­nounces that RM Part­ners and Daly & In­am­dar Ad­voc­ates, based in South Africa and Kenya re­spect­ively, have today joined the lead­ing glob­al law firm. Go­ing for­ward, they will be known as CMS RM Part­ners and CMS Daly In­am­dar Ad­voc­ates.The ad­di­tion of these firms con­sid­er­ably strengthens CMS’s pres­ence in Africa, already en­com­passing An­gola, Al­ger­ia and Mo­rocco. For over 50 years, CMS has de­veloped a track re­cord of sig­ni­fic­ant deals in Africa, show­cas­ing its deep know­ledge of the leg­al sys­tems across the con­tin­ent. CMS now has 75 of­fices in 43 coun­tries and more than 4,800 law­yers world­wide.Duncan We­st­on, Ex­ec­ut­ive Part­ner, CMS said, “Our cli­ents see Africa as a ma­jor growth op­por­tun­ity, and many are look­ing to ex­pand in­to key mar­kets on the con­tin­ent. South Africa and Kenya are both siz­able eco­nom­ies, but they’re also gate­ways in­to oth­er sub-Saha­ran mar­kets. RM Part­ners and Daly & In­am­dar Ad­voc­ates have out­stand­ing repu­ta­tions thanks to their loc­al mar­ket know­ledge and the over­all qual­ity of ser­vice they provide to cli­ents.” With this ex­pan­sion, CMS is un­veil­ing a ded­ic­ated or­gan­isa­tion that brings to­geth­er our Afric­an firms and ex­perts in a unique mod­el and aligned prac­tices to provide our cli­ents with the best sup­port in Africa. CMS Africa has a pres­ence in the most dy­nam­ic re­gion­al hubs – Cas­ab­lanca, Jo­han­nes­burg and Nairobi – provid­ing us with a strong foot­print, sus­tained by of­fices in Al­gi­ers, Lu­anda and Mom­basa. CMS Africa of­fers the ideal al­tern­at­ive for tax and leg­al ser­vices in Africa, a po­s­i­tion that is be­ing re­in­forced through the ad­di­tion of the new firms.CMS RM Part­nersCMS RM Part­ners spe­cial­ises in provid­ing prac­tic­al and in­nov­at­ive leg­al, tax and trans­ac­tion ad­vis­ory ser­vices. It is com­mit­ted to de­vel­op­ing young Afric­an tal­ent and is ac­cred­ited as a Black Eco­nom­ic Em­power­ment (BEE) Level 1 law firm. Foun­ded by seni­or law­yers with ex­cep­tion­al track re­cords from top in­ter­na­tion­al and loc­al firms, the firm is based in Jo­han­nes­burg and com­prises more than 20 law­yers. Its cli­ents in­clude loc­al private and pub­lic in­sti­tu­tions, lis­ted com­pan­ies and nu­mer­ous glob­al en­ter­prises.Riza Moosa, Founder and Dir­ect­or at CMS RM Part­ners, said, “We are on a jour­ney to trans­form and mod­ern­ise the South Afric­an leg­al mar­ket, but we also re­cog­nise the im­port­ance of an Afric­an and in­ter­na­tion­al foot­print. Join­ing CMS is the right step for our firm be­cause they re­cog­nise the im­port­ance of grow­ing an Afric­an busi­ness from Africa, and have a clear, re­gion­ally-fo­cused growth plan for Africa which aligns with our own strategies.”CMS Daly In­am­dar Ad­voc­atesCMS Daly In­am­dar Ad­voc­ates is one of the top-rank­ing law firms in Kenya. It was formed via the mer­ger of two of Kenya’s old­est law firms and com­prises more than 35 law­yers work­ing out of of­fices in Nairobi and Mom­basa. The firm’s part­ners have handled nu­mer­ous ground-break­ing com­mer­cial trans­ac­tions and con­ten­tious civil dis­putes.Ham­ish Keith, Seni­or and Man­aging Part­ner at CMS Daly In­am­dar Ad­voc­ates, said, “Kenya is East and Cent­ral Africa’s epi­centre of tech in­nov­a­tion and its eco­nom­ic ex­pan­sion has been sup­por­ted by a gov­ern­ment that is com­mit­ted to im­ple­ment­ing busi­ness re­forms. Our de­cision to join CMS fol­lows a peri­od of close col­lab­or­a­tion on cli­ent work and a shared com­mit­ment to ser­vice. This will only deep­en as Kenya be­comes in­creas­ingly at­tract­ive as a des­tin­a­tion for for­eign in­vest­ment.”Pierre-Sé­bas­tien Thill, Chair­man, CMS, said, “This is an ex­cit­ing time in the de­vel­op­ment of CMS. Our cli­ents have a glob­al mind­set, and when they come to CMS, they need to know that they can ac­cess qual­ity ad­vice and ser­vice de­liv­ery in every ma­jor jur­is­dic­tion. One of our primary ob­ject­ives for the next four years is to fur­ther grow our geo­graph­ic­al reach. This is a sig­ni­fic­ant ex­pan­sion in our jour­ney to be­com­ing a genu­inely glob­al law firm.”
June 2019
CMS Dis­pute Res­ol­u­tion Glob­al Bro­chure
There are two sides to every dis­pute – have proven ex­per­i­ence on yours. Whatever busi­ness you are in, resolv­ing dis­putes is a fact of life. Know­ing you have ex­per­i­enced and prag­mat­ic ad­visers on your side in the face of ser­i­ous al­leg­a­tions is the first step to­wards a suc­cess­ful res­ol­u­tion.We know that every dis­pute is dif­fer­ent and re­quires a be­spoke ap­proach. Where your dis­pute can­not be re­solved in any oth­er way, we un­der­stand the chal­lenges of di­ver­ging leg­al sys­tems and com­bine ex­pert­ise in in­di­vidu­al jur­is­dic­tions with our glob­al re­sources. We en­sure your dis­pute is pur­sued in the con­text of your mar­ket through lit­ig­a­tion and ar­bit­ra­tion, in­clud­ing, where ne­ces­sary, ap­peals and chal­lenges to the highest courts and tribunals.Whatever your needs, we will bring our know­ledge, ex­pert­ise and ex­per­i­ence to bear, ana­lys­ing the is­sues quickly and ef­fect­ively, draw­ing on our deep un­der­stand­ing of all types of lit­ig­a­tion, ar­bit­ra­tion and reg­u­lat­ory pro­ceed­ings to find the op­tim­al solu­tion at the right cost. We al­ways meas­ure our suc­cess by how well we work with you, and the dif­fer­ence we make to you and your busi­ness.

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15 May 2020
CMS Ex­pert Guide to COV­ID-19 cor­por­ate crime & reg­u­lat­ory is­sues