Commercial Law

Our members represent clients over a broad range of commercial disputes, including company law, class actions, professional liability and insurance, business crime, regulated economic activity, business rescue and insolvency, tax, international trade and commercial arbitrations. We represent clients at all stages of the dispute resolution process, including mediation, negotiation and settlement, and provide pre- and post-litigation advice.

Our members regularly act in both domestic and international commercial arbitrations and investment disputes concerning mining, energy, construction, banking and financial services, oil and gas and telecoms, amongst others. Thulamela Chambers possesses full capability arbitration facilities, including video-conferencing facilities and break-away rooms, and is capable of hosting client arbitrations. Thulamela Chambers is also located adjacent to the head offices of the Arbitration Foundation of South Africa, the private dispute resolution authority which manages and administers resolution of disputes by way of mediation, adjudication, arbitration and related processes.

Our members act in the leading cases both as plaintiff’s and defendant’s counsel in this rapidly developing area of South African law. Our members have, in particular, successfully represented clients in bringing and resisting multi-billion rand occupational disease, securities and pension fund claims.

Our members regularly act for companies, shareholders, directors or other affected persons in complex disputes concerning corporate relationships and company law principles. Our members also provide legal advice on complex company law questions arising in a non-contentious context to assist clients to structure their affairs in a commercially advantageous manner.

Our members regularly act for or against professionals both before disciplinary tribunals and in the Courts. Our members have, amongst others, substantial experience in representing auditors, accountants, legal practitioners and financial service professionals or the bodies that regulate their professional activities.  Our members also act in relation to advice or disputes concerning professional liability indemnity insurance.

Our members have significant experience in representing clients in commercial crime disputes, from criminal trials to asset forfeitures, search and seizures and commissions of inquiry. Our members have experience in both representing the commercial entities and individuals that are the subject of investigations or prosecutions, as well as representing the criminal justice authorities in the performance of these functions. Our members also act for entities pursuing civil recoveries for recompense arising from commercial crime.

Our members regularly represent commercial entities and regulators alike in regulatory disputes across a number of sectors including mining, energy, telecoms, media and banking and financial services, amongst others.

Our members act in large scale business rescues, insolvencies and other litigious corporate restructurings for distressed companies, creditors, liquidators and business rescue practitioners alike. Our members have experience in representing clients across a broad range of sectors, including mining, energy, property and investment disputes.

Our members regularly act for companies, individuals and other juristic entities, as well as the receiver of revenue in tax disputes. Our members also provide opinions on questions of tax law arising in a non-contentious context to assist clients to structure their affairs in a commercially advantageous manner.

Our members regularly act for importers, exporters and regulatory authorities in a wide range of trade disputes. They represent clients in domestic and international arbitrations, regulatory tribunals and the courts alike.