Companies urged to consider ten points when potential commercial disputes occur
JOHANNESBURG (miningweekly.com) – With a rising number of commercial disputes in the mining and natural resources sectors, it is important that companies be aware of the legal issues relating to such disputes.
Speaking at a seminar, in Johannesburg, on Tuesday, international law firm Hogan Lovells partner Kieron O’Callaghan and counsel Nathan Searle outlined what they considered to be the ten most important issues for parties to consider when the potential for a commercial dispute emerged.
These included limitation periods, the obligation to preserve relevant documents and considerations on how to strengthen and protect legal privilege in documents and communications.
“It is crucial to identify possible rights and remedies in the contract, common law and statutes, including applicable laws and dispute resolution provisions,” noted Searle.
He added that it was important that parties preserved their rights and avoided unintentionally waiving those rights.
O’Callaghan pointed out that companies should consider reporting obligations internally, as well as to external bodies, such as insurers and regulators.
He further noted that public, customer and investor relations should be effectively managed if public disclosure was required on a commercial dispute and that a strategy for communicating with any counterparties (any legal entity, or collection of entities to which an exposure to financial risk might exist) be adopted quickly.
The pair in conclusion rounded off their top ten matters to consider in potential commercial disputes by highlighting that companies should also consider various settlement options and strategies for mitigating losses.
Comments
Research Reports
Projects
Latest Multimedia
Latest News
Showroom
Weir Minerals Europe, Middle East and Africa is a global supplier of excellent minerals solutions, including pumps, valves, hydrocyclones,...
VISIT SHOWROOM
FlameBlock is a proudly South African company that engineers, manufactures and supplies fire intumescent and retardant products to the fire...
VISIT SHOWROOM
Press Office
Announcements
What's On
Subscribe to improve your user experience...
Option 1 (equivalent of R125 a month):
Receive a weekly copy of Creamer Media's Engineering News & Mining Weekly magazine
(print copy for those in South Africa and e-magazine for those outside of South Africa)
Receive daily email newsletters
Access to full search results
Access archive of magazine back copies
Access to Projects in Progress
Access to ONE Research Report of your choice in PDF format
Option 2 (equivalent of R375 a month):
All benefits from Option 1
PLUS
Access to Creamer Media's Research Channel Africa for ALL Research Reports, in PDF format, on various industrial and mining sectors
including Electricity; Water; Energy Transition; Hydrogen; Roads, Rail and Ports; Coal; Gold; Platinum; Battery Metals; etc.
Already a subscriber?
Forgotten your password?
Receive weekly copy of Creamer Media's Engineering News & Mining Weekly magazine (print copy for those in South Africa and e-magazine for those outside of South Africa)
➕
Recieve daily email newsletters
➕
Access to full search results
➕
Access archive of magazine back copies
➕
Access to Projects in Progress
➕
Access to ONE Research Report of your choice in PDF format
RESEARCH CHANNEL AFRICA
R4500 (equivalent of R375 a month)
SUBSCRIBEAll benefits from Option 1
➕
Access to Creamer Media's Research Channel Africa for ALL Research Reports on various industrial and mining sectors, in PDF format, including on:
Electricity
➕
Water
➕
Energy Transition
➕
Hydrogen
➕
Roads, Rail and Ports
➕
Coal
➕
Gold
➕
Platinum
➕
Battery Metals
➕
etc.
Receive all benefits from Option 1 or Option 2 delivered to numerous people at your company
➕
Multiple User names and Passwords for simultaneous log-ins
➕
Intranet integration access to all in your organisation
