ARTICLE · 07 JUNE 2026

AI-Driven Corporate Disputes: New Frontiers For Litigators

ENS

Explore more from ENS

Artificial intelligence is fundamentally transforming corporate litigation, introducing unprecedented challenges around evidence reliability, algorithmic liability, and predictive case analytics. As 65% of organizations now deploy generative AI regularly...

South AfricaLitigation, Mediation & Arbitration

Thabang Poshodi

Suranya Govender

Author LinkedIn connections

Artificial intelligence (“AI”) is reshaping corporate litigation, raising novel questions about evidence, liability and predictive analytics. With 65% of organisations now regularly using generative AI – courts, regulators and litigators face pressing challenges.

This article considers how AI-generated material is being used as evidence in court proceedings, corporate liability risks arising from AI use as well as the potential - and limitations - of predictive litigation tools.

AI generated sources and evidence in court

AI tools are increasingly used in legal research, e-discovery and document review, delivering significant efficiency gains. In many cases, AI tools reduce tasks from long hours to minutes. However, the reliability of AI-generated outputs remains a serious concern. This is a matter that requires heightened awareness from lawyers.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Related Articles

The Importance Of Complying With A Court Order

South AfricaLitigation, Mediation & Arbitration

No Easy Escape From Gauteng’s Mandatory Mediation Regime

South AfricaLitigation, Mediation & Arbitration

Cliffe Dekker Hofmeyr

Rescission Refused: Negligence Is Not Good Cause Under Rule 42(1)(a) Or The Common Law

South AfricaLitigation, Mediation & Arbitration

Aspiring Legal Practitioners Must Demonstrate Honesty And Integrity In The Admission Process

South AfricaLitigation, Mediation & Arbitration

The MV Haralambos: What The SCA's Latest Associated Ship Judgment Means And The Questions That It Leaves Open

South AfricaLitigation, Mediation & Arbitration

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

Comparative Guide

Class Actions

Comparative Guide

Litigation

Comparative Guide

International Arbitration

See more popular content from

Litigation, Mediation & Arbitration

Understanding Contingency Fee Agreements Or Better Known A No-Win-No-Fee Agreement In South African Law

When facing a legal matter, one of the biggest concerns for many South Africans is the cost of hiring a lawyer. Legal fees can be expensive, especially in personal injury or medical negligence cases. This is where contingency fee agreements come into play.

South AfricaLitigation, Mediation & Arbitration

Beach Weather | Legal Marketing

The Importance Of Complying With A Court Order

A South African High Court case examines whether sustained defiance of a court interdict—including broken locks, torn orders, burning tyres, and a false alibi—constitutes contempt of court beyond reasonable doubt. The judgment addresses the four requirements for contempt and the consequences of brazen disregard for judicial authority.

South AfricaLitigation, Mediation & Arbitration

What Are General Damages In South Africa?

In South African law, general damages refer to compensation awarded to a person for non-patrimonial loss—that is, losses that cannot be calculated in exact monetary terms.

South AfricaLitigation, Mediation & Arbitration

Beach Weather | Legal Marketing

End Of Concurrent Jurisdiction: Understanding The New Jurisdictional Boundaries In The Gauteng Division Of The High Court Of South Africa

A significant jurisdictional change has taken effect in South Africa's Gauteng Division of the High Court, ending the concurrent jurisdiction between Johannesburg and Pretoria seats that existed since 2018. Each seat now has defined geographical boundaries based on magisterial districts, requiring practitioners to carefully determine proper jurisdiction when instituting proceedings.

South AfricaLitigation, Mediation & Arbitration

Anton Piller Orders: Preserving Evidence On An Urgent Basis

If you have ever sued someone or been sued, you will no doubt have asked your attorney, "How do I know that they won't destroy the evidence that is vital to me proving my case?".

South AfricaLitigation, Mediation & Arbitration

Ghost Authorities: AI Hallucinations In The Courtroom

A South African Labour Court has stayed disciplinary proceedings after discovering that the chairperson's ruling relied on AI-generated, fictitious case citations. The judgment examines whether blind reliance on artificial intelligence tools constitutes a failure to apply independent legal reasoning, and what consequences flow from submitting fabricated authorities to courts and tribunals.

South AfricaLitigation, Mediation & Arbitration

Rescission Refused: Negligence Is Not Good Cause Under Rule 42(1)(a) Or The Common Law

The Supreme Court of Appeal examines whether a pension fund can successfully rescind a default judgment when its absence from proceedings resulted from internal administrative failures. The case explores the boundaries between procedural error and voluntary default, testing whether gross negligence in responding to legal process can be excused by the strength of a potential defence.

South AfricaLitigation, Mediation & Arbitration

Johannesburg High Court Case Flow Times (July 2026)

The Johannesburg High Court has published lead times for setting matters down for hearing, revealing significant delays across various case types. With opposed applications facing 18-week waits and long-duration trials not being heard until 2028, the bulletin raises questions about court capacity and potential solutions to address mounting backlogs.

South AfricaLitigation, Mediation & Arbitration

International Arbitration Comparative Guide

International Arbitration Comparative Guide for the jurisdiction of South Africa, check out our comparative guides section to compare across multiple countries

South AfricaLitigation, Mediation & Arbitration

Herbert Smith Freehills Kramer LLP

No Easy Escape From Gauteng’s Mandatory Mediation Regime

A recent Gauteng High Court judgment confirms that mandatory court-annexed mediation cannot be avoided simply because parties are hostile toward each other or believe the process will be futile. The court ordered an uncooperative defendant to participate in mediation, establishing that only exceptional circumstances will excuse parties from the process introduced by the Directive and Protocol.

South AfricaLitigation, Mediation & Arbitration

Cliffe Dekker Hofmeyr