OUR SERVICES
ARBITRATION
Our capability extends to –
- Banking and finance arbitration;
- CCMA and labour arbitration;
- Commercial arbitration proceedings relating to companies, joint ventures, trusts, corporate governance, shareholder relationships and minority protection, shareholders’ agreements, franchising, BEE transactions and the legislative and regulatory provisions applicable to businesses;
- Construction and engineering arbitrations;
- Intellectual Property arbitration including proceedings relating to licensing, trademark infringement, restraints of trade, unlawful competition and copyright;
- Family arbitration.
We employ a dedicated multi-disciplinary dispute resolution team which has extensive skill and experience in running complex arbitration and litigation proceedings both in South Africa and abroad.
AVIATION
We have advised national and international carriers, aircraft charter organisations, clearing agents, airfreight forwarders, maintenance organisations and aircraft owners on a range of aviation laws; assisted clients in structuring and financing aircraft purchases and leases; and represented clients in various aviation law disputes.
BANKING
Our capability extends to –
- banking litigation;
- structured finance;
- securitisation;
- competition law;
- exchange control;
- business rescue, insolvencies and liquidations;
- retail foreclosures;
- bond registrations;
- corporate recoveries;
- perfections of notarial bonds;
- all matters related to the National Credit Act (NCA).
Ramsay Webber represents several commercial banks in South Africa in all aspects of banking law.
BUSINESS RESCUE & RESTRUCTURING
Our capability extends to –
- advising business rescue practitioners, affected creditors, affected shareholders and boards of directors on all legal aspects of business rescue;
- advising companies on financial distress provisions and the implementation of business rescue strategies;
- representing clients in litigation in the business rescue context;
- developing risk mitigation strategies for creditors;
- executing all legal restructuring provisions contained in business rescue plans.
Our commercial legal team has extensive expertise in the field of insolvency, business rescue and restructuring of business entities with a broad understanding of the relevant legislation. We have acted for and advised various creditors to mitigate their risk when their claims are subjected to business rescue. The firm is able to assist all affected parties in the business rescue/restructuring/liquidation process. In this regard the firm has acted for creditors, employees, shareholders, directors, business rescue practitioners and liquidators.
COMPETITION LAW
Our capability extends to –
- advising on all aspects of Competition Law;
- preparing competition law opinions in the context of mergers and acquisitions and restricted vertical and horizontal practices;
- lodging Competition Commission filings.
The firm has completed seven filings within the last two years, six of which involved major listed companies.
CORPORATE & COMMERCIAL LITIGATION
Our capability extends to –
- Banking and finance arbitration;
- CCMA and labour arbitration;
- Commercial arbitration proceedings relating to companies, joint ventures, trusts, corporate governance, shareholder relationships and minority protection, shareholders’ agreements, franchising, BEE transactions and the legislative and regulatory provisions applicable to businesses;
- Construction and engineering arbitrations;
- Intellectual Property arbitration including proceedings relating to licensing, trademark infringement, restraints of trade, unlawful competition and copyright;
- Family arbitration.
We employ a dedicated multi-disciplinary dispute resolution team which has extensive skill and experience in running complex arbitration and litigation proceedings both in South Africa and abroad.
MERGERS & ACQUISITIONS
Our capability extends to –
- advising clients on all legal aspects on buying and selling, merging, and amalgamating businesses and companies;
- legal due diligence investigation and reporting;
- listings and de-listings;
- corporate restructures, takeovers, hostile takeovers, and reverse takeovers;
- advice on regulatory matters concerning the Johannesburg Stock Exchange, the Takeover Regulation Panel, the Competition Commission and the South African Reserve Bank;
- contract drafting (including circulars); and
- transaction tax advice.
CONSTRUCTION & ENGINEERING
Our capability extends to –
- assisting clients in negotiating contract terms, both finance and project;
- drafting particular terms and conditions to various standard form contracts including JBCC, FIDIC and NEC;
- drafting bespoke engineering and construction contracts for tender;
- representing clients in complex dispute resolution both locally and abroad.
Our construction and engineering capability is the result of years of involvement in complex engineering and construction transactions and disputes.
FAMILY LAW & ESTATE PLANNING
Our capability extends to –
- advising on all aspects of family law;
- representing clients in divorce and custody proceedings;
- advising on estate planning from a legal and tax perspective;
- registering trusts and companies as part of the implementation of an estate plan.
INSOLVENCY
All our litigation attorneys have considerable experience in launching and opposing liquidation and sequestration applications, as well as voluntary winding up by creditors’ and members’ resolutions, and de-registrations of corporate entities.
The firm is able to provide a bespoke service offering in this practice area given the skill sets applied in the litigation, banking and commercial law departments.
INSURANCE
Our firm has represented both the insurer and the insured in all areas of insurance law, including motor vehicle accidents, claims on household insurance and claims in larger, commercial insurance matters, as well as in the Solvency Assessment and Management regime (“SAM”).
Through our professional network, we have forged strong relationships with UK-based law firms who deal extensively with UK Solvency II and we are thus able to relate this knowledge to the South African environment, providing superior services pertaining to all aspects of South African insurance law. We also act for and against various professionals in professional indemnity (professional negligence) insurance claims, including attorneys, doctors, auditors and chartered accountants.
INTELLECTUAL PROPERTY
Our capability extends to –
- conducting trade-mark searches;
- advising on the registrability of trade-marks and the protection of IP rights;
- drafting license and franchise agreements;
- interdicting the breach of IP rights and unlawful competition.
The firm has represented clients in a variety of intellectual property disputes related to trade mark infringements, passing-off, unlawful competition and oppositions at the Registrar of Trademarks.
LABOUR & EMPLOYMENT
The firm’s capability includes –
- drafting employment contracts, company policies and disciplinary procedures
- assisting clients in carrying out operationally mandated work-force restructuring and retrenchments
- advising on dismissal laws and processes and representing clients in the CCMA and the Labour Courts
- advising on all labour related laws including the Labour Relations Act, the Basic Conditions of Employment Act and privacy laws
- advising on the applicability of labour laws in merger and acquisition contexts
The core competencies in this practice area are drawn from the litigation and commercial teams.
MINING
The firm’s capability includes –
- applying for mining rights and prosecuting rights
- advising clients on compliance with mining laws and health and safety legislation
- representing clients in mining related disputes referred to arbitration or prosecuted through litigation
- assisting clients in commercialising mining assets in the form of joint ventures and capital structuring.
The core competencies in this practice area are drawn from the firm’s litigation and commercial departments.
PROPERTY AND REAL ESTATE
Our capability extends to –
- the registration of all types of real estate, residential and commercial sales;
- advising on the financial structuring of real estate transactions;
- the registration of notarial and mortgage bonds;
- consolidations and subdivisions;
- the establishment and registration of townships;
- advising clients on insolvent and deceased estate transfers.
Ramsay Webber has represented a number of developers in establishing sectional title schemes many of which are distinctive landmarks in the Johannesburg Metropolitan area.