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Welcome to AFSA

The Arbitration Foundation of Southern Africa NPC

AFSA recognises that remote hearings or hybrid-remote hearings have become the norm and therefore developed a Remote Hearing Protocol in accordance with international best practice. The purpose of the Protocol is to provide guidance to parties on efficient conduct of remote hearings in respect of AFSA administered arbitrations to ensure that one party does not enjoy an advantage over the other. To access the Protocol, click here

EXAMINES SHARED BRICS DISPUTE RESOLUTION MECHANISM

Perspectives 2 tracks the progress which is being made in creating a shared Dispute Resolution mechanism for the BRICS countries. The difficulties to be overcome in crafting such a mechanism are identified and examined by various contributors. Visit the News and Events page or click here to download a copy.

LAUNCH OF SADC PANEL OF INTERNATIONAL COMMERCIAL ARBITRATORS

On Friday 11 December 2020 the AFSA SADC Division launched the inaugural SADC Panel of International Commercial Arbitrators. This is a unique panel of high level and experienced experts nominated by the 15 SADC Bar Associations, based on globally competitive criterion. Each SADC Country initially provided six arbitrators to constitute the first regional international arbitration panel under the respective Law Society or Bar Association. The panel will use a unique set of international rules specifically developed and adopted in SADC, namely the AFSA International Rules.

For further details refer to the News & Events page. To view the recorded proceedings, 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.

From Monday 2 November 2020 AFSA’s online filing system will go live and be available for filing of both arbitrations and mediations.

From this date on law firms and other users are encouraged to file new requests for arbitration and mediation online. The online filing system, known as Matter Manager, is aimed at streamlining the submission and management of disputes referred to AFSA for resolution.

To learn more about how the process works, click here. To proceed with online filing, select the online button above and enter the details in the appropriate space, being either domestic arbitration, international arbitration or mediation.

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 and Mthatha.

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