Welcome to AFSA

The Arbitration Foundation of Southern Africa NPC

DRAFTING EFFECTIVE ARBITRATION CLAUSES

The arbitration clause is sometimes left to the last minute in contractual negotiations. This is inadvisable. It is very important that the arbitration clause is clear, effective and accurately reflects the intention of the parties.

In the 4th webinar in the Cutting Edge series a team from Willkie Farr & Gallagher discuss how to draft an effective arbitration clause. They look at the use of the AFSA Model Clause and cover all the essential elements that every well-drafted arbitration agreement should include to ensure there is a mechanism through which contractual rights can be given effect and enforced. To learn more about this important topic click here.

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.

REMOTE HEARING PROTOCOL

For guidance on the efficient conduct of remote hearings in respect of AFSA administered arbitrations, click here.

AFSA INTERNATIONAL RULES

launched 1 June 2021

Click here to view

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.

Supervises the resolution of disputes between parties from different countries (cross-border disputes) in accordance with its International Rules.

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.

Resolves infrastructure or construction disputes whether the parties are both based in South Africa or in different countries.

Aims to reach a private settlement with the expert assistance of a trained mediator.

Offers training across the spectrum of Dispute Resolution in partnership with the University of Pretoria.

Provides dispute resolution services to Municipalities in South Africa.

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.

Go to CAJAC Website