Welcome to   AFSA

The Arbitration Foundation of Southern Africa NPC
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AFSA’s full membership accepted by the International
Federation of Commercial Arbitration Institutions (IFCAI)
Click here for details

AFSA and SARIPA pool expertise and resources to provide an expedited dispute resolution process
A new division, The AFSA SARIPA Business Rescue Division has been established to offer an arbitration process which is administered by a neutral professional and helpful authority which takes responsibility for the proper working of the dispute resolution process from the moment the dispute emerges and is referred for resolution. This process removes the burden from the shoulders of the claimants and business rescue practitioners and provides an expedited dispute resolution process moving along a well- designed path under proper supervision.

Business rescue is a vital lifeline in the support of commercial activity and ongoing unresolved disputes can cripple business rescue. Business rescue practitioners, with the support of creditors, have been opting for arbitration as a quicker more effective way of resolving disputes than can be achieved through litigation and more and more business rescue plans are incorporating arbitration as the dispute resolution mechanism.

The Model Clause and the dispute resolution rules have been published and is the result of a long and intensive interchange between lawyers, retired Judges, and advocates. The system will operate under the oversight of a Management Committee consisting of eminent retired Judges, leading attorneys and hugely experienced business practitioners which will constantly monitor the quality of the process and will in short guarantee the integrity of the system. Michael Kuper, Chairman of AFSA says, “this initiative professionalises the administration of disputes and provides a mechanism of immeasurable value in ensuring the success of business rescue”.

To view the Request to Arbitrate, the Model Clause and the Rules refer to the Business Rescue page on the AFSA website.

For further information contact Sandra Swanepoel, Registrar: Business Rescue sandra@arbitration.co.za

AFSA and SARIPA jointly launch
new Business Rescue Division - WEBINAR.
Click here to view the webinar

THE AUSTRALIAN ARBITRATION WEEK

Will take place in the week of 9 to 13 October 2023 in Perth. The Australian Centre for International Commercial Arbitration (ACICA), together with the Chartered Institute of Arbitrators Australia (Ciarb Australia) will launch AAW2023 which attracts speakers and delegates from Australia and across the world. It enjoys the support of national and global institutions, law firms, government, business, the judiciary, and academia. Further information will be made available in due course or contact secretariat@acica.org.au.
THE 9TH ANNUAL INTERNATIONAL ARBITRATION CONFERENCE

Presented by the School of Oriental and African Studies, University of
London (SOAS) will take place in Cape Town on the 11th of October 2023.
The theme of this year’s conference is Arbitration Procedure with the focus
on the preliminary meeting/CMC, drafting a procedural orderwitness,
examination challenges, tribunal deliberations and drafting the award.
For further details and to register for the conference click here.
AFSA International successfully hosted a webinar, “Navigating AFSA’s
International Arbitration Rules for Effective Dispute Resolution,” in
collaboration with the Indonesian Dispute Board. Key speakers, including
Adv Patrick Lane SC, Adv Michael Kuper SC, Jonathan Ripley-Evans,
Svetlana Vasileva, Des Williams, and Roger Wakefield and moderator
Adv Ghandi Badela, shared valuable insights about AFSA’s services and
arbitration process. The session drew 116 attendees from diverse regions,
including Indonesia, South Africa, and Switzerland, and provided rich
insights into the topics discussed. We appreciate everyone’s participation
and anticipate hosting more such events in the future.

Click here to watch the webinar.

The Nansha Consensus on BRICS Arbitration
Cooperation released globally.
To learn more click here

AFSA International hosts top-notch workshop
for International Arbitrators.
Click here for details

We are proud to announce that in the 2020 Arbitration in Africa Survey, conducted by the School of Oriental and African Studies (SOAS), University of London, AFSA was ranked the Top Arbitration Centre in Africa.

AFSA Announces Appointment of Andile Nikani as
CHIEF EXECUTIVE OFFICER

The Arbitration Foundation of Southern Africa (AFSA) proudly announces the appointment of Andile Nikani as its Chief Executive Officer, effective January 2025.

“Andile’s exceptional track record in driving innovation, fostering growth, and ensuring operational excellence makes him the ideal leader for AFSA as we enter a pivotal phase of expansion,” stated Michael Kuper, AFSA Chairman. “His expertise and vision will be instrumental in shaping the future of our organisation, both regionally and internationally.”
Andile Nikani brings extensive expertise in strategic planning, stakeholder engagement, people management, risk oversight, and corporate financial governance.  

In his previous role as Head of the Takeover Regulation Panel (TRP), Andile led strategic initiatives, implemented robust governance frameworks, and made landmark rulings on company law and regulations governing mergers and acquisitions for JSE-listed companies. His global regulatory insights were further sharpened during his tenure as a visiting regulator at the UK and Hong Kong Takeover Panels.  He has extensive experience as a practising attorney at prominent law firms in South Africa.

In addition to his professional accomplishments, Andile is deeply committed to academic excellence. He is currently pursuing a Doctorate at the University of Pretoria and holds an MPhil in Corporate Strategy from the Gordon Institute of Business Science (GIBS), an LLM from the University of Liverpool, and both an LLB and a BA from the University of Cape Town. Outside of his professional and academic pursuits, he is an avid runner and a devoted Formula 1 enthusiast.

“I am truly honoured to join AFSA and work alongside such a talented and dedicated team,” said Andile. “I look forward to building on AFSA’s strong legacy, driving its mission forward, and creating lasting value for all stakeholders in the growing field of alternative dispute resolution.”

With Andile Nikani at the helm, AFSA is well-positioned to solidify its leadership role in alternative dispute resolution across Southern Africa and the global stage.
The Arbitration Foundation of Southern Africa (AFSA) is a private dispute resolution authority which manages and administers the confidential resolution of a wide-range of local and international disputes by way of mediation, adjudication, arbitration and related processes. AFSA’s head office is in Sandton, Johannesburg, with branch offices in Cape Town, Pretoria, Durban, Mthatha and the Garden Route.

AFSA is a non-profit organisation which counts amongst its founding members many of the leading firms and institutions in the attorney, accounting and advocate professions as well as organised business and affiliated bodies. AFSA operates through its Secretariat consisting of specialised executive staff.
Arbitrators, mediators and adjudicators are appointed from AFSA’s extensive Panels consisting of leading practitioners. AFSA is the national and regional leader in its field and is named as the preferred dispute resolution authority in the King III Report on Corporate Governance.

AFSA administers numerous local business disputes and since 2017 handles a wide range of international disputes making AFSA a premier dispute resolution authority on the African continent. AFSA offers a full-framework of professional services for a confidential business-like and expedited outcome of disputes referred to its Secretariat.

AFSA Divisions and Services

To meet the growing need for dispute resolution services, AFSA has created various specialist divisions with advisory panels to ensure that AFSA keeps abreast with new trends and developments.
Supervises the resolution of disputes where the parties are South African in accordance with its Commercial and Expedited Rules.
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Supervises the resolution of disputes between parties from different countries (cross-border disputes) in accordance with its International Rules.
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Aims to develop and enhance commercial dispute resolution practices in the SADC countries by way of a joint initiative between the SADCLawyers Association and AFSA.
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Resolves infrastructure or construction disputes whether the parties are both based in South Africa or in different countries.
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Resolves Business Rescue disputes by means of a speedy arbitration process to finalise disputes without inordinate delays.
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Aims to reach a private settlement with the expert assistance of a trained mediator.
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Offers training across the spectrum of Dispute Resolution in partnership with the University of Pretoria.
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Provides dispute resolution services to Municipalities in South Africa.
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CAJAC Johannesburg is a subsidiary of AFSA, and a founding member of the international association of leading arbitration institutions which make up the CAJAC arbitration mechanism. CAJAC was established at the instance of the 51 States who are members of the Forum of China Africa Cooperation to meet the need for a credible China-Africa dispute resolution mechanism, necessitated by the growing trade between China and Africa.

CAJAC offers disputing parties the neutrality, speed, confidentiality and flexibility required to resolve China-Africa commercial disputes in an amicable manner.

CAJAC offers disputing parties internationally based rules and a professionally 
administered process, tailor-made for China-Africa dispute resolution in convenient, well equipped venues as well as a carefully selected panel of independent, neutral and qualified arbitrators and mediators.

CAJAC Johannesburg is chaired by Advocate Michael Kuper SC.

A uniform set of Rules for the resolution of China-Africa disputes has been adopted by all CAJAC centres including CAJAC Johannesburg, CAJAC Shanghai, CAJAC Beijing, CAJAC Shenzhen, CAJAC Nairobi and CAJAC OHADA.

A downloadable link of the rules can be found on the CAJAC website.
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