+27 21 461 6240 - info@ashersons.co.za - 34 Plein Street, Cape Town

Search Results for: commercial disputes

Our Services

100 years of quality service is what Ashersons has achieved Ashersons Attorneys is a full service boutique law practice so we can assist you with almost any legal issue that you have. For ease of reference, here is a brief overview of some of the legal services that we offer.
Read More

Redflag provisions in the South African Arbitration Act may hinder swift and efficient arbitrations

In recent years there has been increased reliance on use of arbitration to resolve commercial disputes. The hallmark of arbitration is that it enables the parties to a dispute to determine the manner in which the parties will attempt to resolve the dispute, including the rules and duration. In South Africa arbitration is particularly attractive because courts are inundated with cases. (more…)
Read More

Litigation

Commercial Litigation Our commercial litigation specialists are well placed to analyse commercial disputes and identify creative solutions that prevent disputes from escalating to the point where they have to be resolved by a court. We understand that defending the client's brand and using their resources efficiently is critical. Our litigators recognise that, while some of our clients consider litigation to be one of the weapons in their commercial arsenal, many regard it as an expensive and risky necessity. We therefore ensure that alternative dispute resolution mechanisms are always assessed, not only in relation to time and cost, but also in relation to each client's ultimate aim and business objectives. If formal litigation is ultimately unavoidable, our approach is to try to resolve any disputes in a cost-effective manner, aimed at…
Read More

Our Team

We are team of skilled, talented and energetic legal professionals Our Cape Town based professional team (who together has over 110 years of experience) has remained compact over the years. It presently consists of three partners, two senior associates, three associates, and two candidate attorneys - who collectively bring a wealth of wisdom and insight to the practice. We are assisted by a team of efficient and diligent support staff as well as be two professional consultants who provide invaluable guidance and direction. All of our attorneys and staff pride themselves on delivering a comprehensive, personal and tailor made service to clients.
Read More

Our History

Established in 1920 by Raphael Asherson, Ashersons has become well known as a general practice offering its clients integrity and loyalty.  We have a rich history going back nearly a century, and we invite you to explore some of our historical highlights below. 2020 Ashersons Attorneys celebrates 100 years of practice! In 2020, Ashersons Attorneys turns 100 years old. Join us in celebrating this amazing milestone! 2019 Derry-Ann Haldane joins the practice Derry-Ann Haldane, a candidate attorney, joined Ashersons in January. Derry-Ann has a keen interest in Family Law, Labour Law as well as Trusts and Estates. You can read her professional profile here. 2018 Frances Everett joins the practice Frances Everett, a candidate attorney, joined Ashersons in January. Frances’ areas of interest include Commercial Law, Contract law, Property Law…
Read More

Landlord v Tenant: Consider the Tribunal Dispute Resolution Option

We all know how easy it is for misunderstandings and disputes to arise between landlords and tenants, and whilst most can be resolved with a bit of open communication and negotiation, sometimes independent intervention is needed. Enter the Rental Housing Tribunal, which uses the Rental Housing Act to “speedily resolve” landlord/tenant disputes, to balance the rights of both sides and to protect them both from “unfair practices and exploitation”. Note that this applies only to residential housing, not to commercial or industrial leases. What’s the cost and how does it work? It’s free, and to get going you lodge a complaint with your local Tribunal. An impartial mediator is then appointed to help you settle the dispute and reach an agreement. If that fails a formal hearing is held and…
Read More

All “Community Schemes”: New Rules and a New Ombud You Need to Know About

The Community Schemes Ombud Service Act (“CSOSA”) came into effect on 7 October, together with the related Sectional Titles Schemes Management Act (see previous article).   CSOSA applies to all “Community Schemes” (residential, commercial and industrial) including – Sectional title development schemes Home owners associations Property owners associations Share block companies Retirement housing schemes Housing co-operatives Any other “scheme or arrangement in terms of which there is shared use of and responsibility for parts of land and buildings”. Community disputes – a new resolution process If you have lived or worked in any community you will know just how easily disputes can arise, how bitter they can be, and how difficult it can be to resolve them. A welcome innovation therefore is the new Community Schemes Ombud Service (“CSOS”) which provides…
Read More

Mame Amoateng

Mame, a Senior Associate, joined Ashersons in 2014. She matriculated from Rustenburg Girls’ High School in 2009 graduated with an LLB from University of Cape Town in 2013. She holds a Master of Laws Degree in International Litigation and Arbitration from the Pennsylvania State University and has in depth knowledge of the UN Convention on Contracts for the International Sale of Goods (CISG) and the UNCITRAL Model Laws on International Commercial Arbitration. She was admitted as an attorney in March 2017. Mame has experience in civil litigation, commercial arbitration, drafting of commercial agreements, rental housing and related disputes, family law, domestic violence and harassment protection orders.   Recent Articles by Mame Amoateng
Read More

Andrew Goldschmidt

Andrew Goldschmidt, a Partner at Ashersons, joined the firm in 2007. He has experience in contentious as well as non-contentious corporate and commercial matters ranging from the drafting of commercial contracts to commercial litigation, with particular regard to corporate and contractual disputes. Andrew has experience in all aspects of insolvency related matters including Liquidation and Sequestration applications. He is also experienced in third party claims against the Road Accident Fund and he has been involved in advising clients on matters pertaining to the new National Credit Act and the Consumer Protection Act.     Recent Articles by Andrew Goldschmidt
Read More

Mediation

Alternative Dispute Resolution: Mediation Although not always well understood in South Africa, mediation is a powerful dispute resolution strategy. Stripped down mediation may be defined as negotiations facilitated by a neutral third party, called the mediator, who helps the parties rediscover what triggered their dispute. It should always be considered as one of the options in any dispute, and mediation attorneys should be consulted. A simplified case study helps illustrate the philosophy and benefits of mediation. Two cheese farms had a dispute over the fact that they had both produced a variation of Boerenkaas cheese and had both labelled their cheese “Lucille’s Gold”. The parties’ version of events differed from one another and as is common in litigation where there is a dispute of fact there would be considerable delays…
Read More