Stephen Vivian

Stephen Vivian SC is an advocate of the High Court of South Africa. Stephen is a senior counsel practicing as a member of the Pretoria Society of Advocates. He practices as a sole practitioner and because the profession of an advocate in South Africa is a referral profession, only accepts instructions from attorneys or similar legal practitioners.

Stephen is experienced in both commercial and construction arbitrations, particularly international arbitrations in the Southern African region. He is briefed regularly both as arbitrator and as counsel. Stephen is a member of the International Council for Commercial Arbitration. He is an associate member of the Association of Arbitrators of South Africa.

He also appears in commercial and other matters in the superior courts in South Africa, Botswana and eSwatini.

Stephen was admitted to practice in South Africa in March 1996 and in Botswana in August 1996. His early practice focused on commercial litigation and insolvency. However, he soon become involved in commercial arbitrations and in construction law arbitrations. In 2005, he successfully represented St. Joseph's College in Botswana in challenging an ADR award in the Botswana High Court because of bias.

Other arbitrations include a series of successful arbitrations in which he represented the liquidator of Kentz Botswana been recovering significant overpayments following calls on construction guarantees. He also represented the liquidator of a significant Botswana mine in commercial arbitrations both in South Africa and before the LCIA in London. Stephen recently assisted a coal supplier in South Africa to successfully obtain an award against South Africa's power utility and is currently counsel for a mining right holder in a dispute against a contract miner.

Stephen was briefed as sole arbitrator in a construction dispute emanating from Lesotho and more recently as sole arbitrator in a South African dispute in respect of the enforcement of a restraint of trade.

Stephen also appears in other disputes in the superior courts in South Africa, Botswana and eSwatini. These include contractual disputes, insolvency matters and administrative law matters.