In this Learn from the Masters issue we are in conversation with Private Law and Civil Litigation expert Anthony Kennedy on the attraction of the Republic of South Africa as a place in which to litigate disputes and some of the difficulties which multi-national companies and other sophisticated parties may face with the law governing the taking of jurisdiction in the Republic of South Africa.

Anthony also offers his perceptions of some of the difficulties arising out of the enforcement of foreign judgments in South Africa.

Topics:

  • What does the concept of “cross-border litigation” mean?
  • The impact of COVID-19 on would-be cross-border litigants
  • Besides the Global Integrity’s endorsement of the South African judiciary, why is the Republic of South Africa seen as an attractive forum for multi-national litigants?
  • What are the differences between the Roman-Dutch legal system and the common law legal system?
  • What are the different considerations when choosing South Africa as a foreign country?
  • Current challenges for multi-nationals in getting their case heard before a South African court, and the relevance of the decision in Bid Industrial and cases that followed it
  • How, aside from the courts fashioning doctrine could these difficulties be addressed?
  • Why would businesses and sophisticated parties also want to enforce judgments from other regional courts in the RSA?
  • What principal difficulties might an entity looking to enforce a foreign judgment in RSA face?
  • What are the general challenges for people against whom judgments are sought to be enforced?
  • Jurisdiction on the basis of domicile
  • Advantages for South Africa signing up for the Hague Judgments Convention on Foreign Judgments
  • Other issues that could dominate the discourse in the near future
Anthony Kennedy is an Associate Member of Searle Court Chambers in London; A lecturer on the Bar Professional Training Course at BPP University Law School, specialising in Commercial Dispute Resolution, Civil Litigation and Evidence and the Resolution of Disputes out of Court; A Non-Stipendiary Lecturer in Roman and Contract Law at St Edmund Hall, Oxford; and a Retained Fee-Lecturer at Somerville College, Oxford. He co-authored Commercial Litigation in Anglophone Africa: The Law Relating to Civil Jurisdiction, Enforcement of Foreign Judgments and Interim Remedies (Juta) with Andrew Moran.