Commercial disputes
When a business dispute becomes serious, the legal strategy must support the commercial objective.
We assist businesses and decision-makers with contract disputes, urgent proceedings, commercial litigation, arbitration and enforcement.
Litigation is a tool. The objective is to solve the business problem.
Commercial disputes often involve more than the wording of a contract. There may be unpaid money, a relationship that needs to be preserved, urgent operational pressure, reputational risk or a counterparty taking advantage of uncertainty. We work through the legal merits together with the practical outcome the client needs.
Typical matters
- Breach of contract
- Shareholder and business-partner disputes
- Commercial lease disputes
- Supplier and customer disputes
- Payment and performance disputes
- Urgent interdicts and other urgent relief
- Arbitration and negotiated settlements
- Enforcement of judgments and agreements
How we approach it
- Identify the legal and evidential issues early
- Build a chronology from the documents
- Assess commercial leverage and settlement options
- Choose the appropriate forum and procedure
- Keep the client focused on cost, risk and outcome
Our litigation experience extends across Magistrates’ Courts, High Court work and alternative dispute-resolution processes. Where a matter requires specialist expertise, we brief or collaborate with appropriate counsel and professionals.
Commercial disputes: practical questions
Should every commercial dispute go to court?
No. The appropriate route may be negotiation, mediation, arbitration or litigation, depending on the contract, urgency, evidence and commercial objective. The forum is part of the strategy, not the objective itself.
What should I provide for an initial assessment?
The key agreement, important correspondence, invoices or payment records, a short chronology and any court or arbitration documents are usually a useful starting point. If the dispute concerns unpaid money, also see our Business Debt Recovery service.
What if there is an urgent deadline?
Tell us immediately about any court date, cancellation notice, threatened disposal of an asset, tender deadline or other time-sensitive event. Procedural and contractual deadlines can materially affect the available options.
Can a contract review prevent disputes?
Clear drafting cannot eliminate every dispute, but it can reduce uncertainty around payment, performance, termination and remedies. See our Contract Review service for pre-signature risk review.
Start here
Give us the essentials of the dispute.
Early information about the parties, value and deadlines helps us assess urgency and the most appropriate next step.
Submitting this form does not by itself create an attorney-client relationship. We will first review the enquiry, complete any required conflict checks and contact you about the appropriate next step.
