Gerhard is Managing Partner of South Africa and represents and advises clients on a wide range of contentious and risk management issues.

He is typically mandated in civil litigation, arbitration proceedings and investigations in South Africa, across the African continent and beyond, representing clients in complex transactional, public law and regulatory disputes and enforcement proceedings. Gerhard has established a truly international practice over more than 25 years. His sector expertise covers mining, energy, and infrastructure, financial services as well as restructuring and insolvency. Gerhard has been ranked as a leading dispute resolution lawyer in legal directories for almost two decades. He is also regarded as one of the leading construction law specialists in South Africa and is consistently recognized for his work in insolvency and restructuring.

Expertise

Industries

Experience

Representative matters

  • A major Japanese mining and commodities trading house in relation to various contentious issues arising from the disposition of its interest in a South African ferrochrome mining and smelting operation.
  • The business rescue practitioners and major creditors of Group Five Limited, together with its subsidiaries in resolving numerous contentious claims, regulatory issues, recoveries and operational disputes across South Africa, West Africa, the Middle East and India, in a range of proceedings through civil courts, various tribunals and arbitration proceedings.
  • A major multinational engineering contractor in the energy sector in relation to a series of adjudicated claims arising from the boiler systems contract against Eskom Holdings SOC on both Medupi and Kusile Power Station Projects. (Previous firm experience)
  • An EPC joint venture between a major South African mining engineering contractor and an Australian contractor in a series of disputes with a number of key subcontractors and consultants relating to the design and construction of a heavy mineral sands mine and processing facility in Northern Mozambique. (Previous firm experience)
  • The Dutch Scheme Administrators of Steinhoff on intervening in the liquidation proceedings brought against Steinhoff Holdings in the Western Cape, South Africa.
  • A major South African bank, cited as defendant in a series of damages claims arising from the alleged breach of its fiduciary obligations as statutory trustee in a failed collective investment scheme.

Published Work

  • Gerhard Rudolph, 2023, SA needs to get the privatization of its rail and port systems right, https:/www.miningreview.com/features-analysis/sa-needs-to-get-the-privatisation-of-its-rail-and-port-systems-right.
  • Gerhard Rudolph and Alessandra Pardini, 2023, Africa’s critical minerals are key to the global net zero transition, https:/www.dailymaverick.co.za/article/2024-02-08-africas-critical-minerals-are-key-to-the-global-net-zero-transition.

Speaking Engagements

  • Moderator, The Future of Mining Law: Decarbonisation as a Competitive Advantage and a Legal Imperative, Mining Indaba, February 2024
  • Podcast, Mining Indaba Outlook, Mining Indaba, February 2024
  • Co-panelist/speaker, Managing Key Risks to Mining Projects arising from the Drive for Energy Transition, Current Trends Mining Conference New York, May 2024

Leadership Positions And Professional Affiliations

  • Society for Construction Law (SCL)
  • South African Restructuring and Insolvency Practitioners Association (SARIPA)
  • International Association of Restructuring, Insolvency and Bankruptcy Professionals (INSOL)
  • Chartered Institute of Arbitrators (CIArb)

Recognition

Gerhard Rudolph is a highly experienced litigator with notable proficiency in complex, cross-border disputes, including arbitration. Representing clients from a range of industries including construction and mining, he currently sits as the Johannesburg office's managing partner and head of its litigation and investigations group. "Gerhard is hugely experienced, and I would say his greatest strength is that he is extremely commercially minded." "I have always found him to be extremely competent."
Chambers and Partners Global 2022 (South Africa: Construction (Band 1))
Gerhard Rudolph has a wealth of contentious experience in both litigation and arbitration, acting for a range of blue-chip banks, mining houses, construction companies and investment funds. He heads the firm's disputes practice in the Johannesburg office. "Gerhard is a seasoned litigator having been involved in many pieces of sophisticated litigation over the years. He has been both articulate and creative in the handling of matters." "He is extremely eloquent, experienced and approachable."
Chambers and Partners Global 2022 (South Africa: Dispute Resolution (Band 2))

Awards

  • Ranked as a Band 4 lawyer, Chambers and Partners Global 2022 (South Africa: Restructuring and Insolvency (Band 4))
  • Ranked as a Band 1 lawyer, Chambers and Partners Global 2022 (South Africa: Construction (Band 2))
  • Ranked as a Band 2 lawyer, Chambers and Partners Global 2022 (South Africa: Dispute Resolution (Band 2))
  • Ranked as a leading individual, Legal 500 2022 (South Africa: Construction (Leading Individual))
  • Ranked as a Band 4 lawyer, Chambers and Partners Global 2024 (South Africa: Restructuring and Insolvency (Band 4))
  • Ranked as a Band 1 lawyer, Chambers and Partners Global 2024 (South Africa: Construction (Band 1))
  • Ranked as a Band 2 lawyer, Chambers and Partners Global 2024 (South Africa: Dispute Resolution (Band 2))

Qualifications

Admissions

Attorney, South Africa, 1995

Academic

LLB, University of Pretoria, 1992

BLC, University of Pretoria, 1990

Disclaimer
A&O Shearman was formed on May 1, 2024 by the combination of Shearman & Sterling LLP and Allen & Overy LLP and their respective affiliates (the legacy firms). Any matters referred to above may include matters undertaken by one or more of the legacy firms rather than A&O Shearman.