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Welcome to AFSA

The Arbitration Foundation of Southern Africa NPC

NEW
INTERNATIONAL RULES

FROM 1 JUNE 2021

AFSA’s new International Rules will come into effect and will be available on the website on
1 June 2021.

In view of the exponential growth in AFSA’s International case load, following the promulgation of the International Arbitration Act in December 2017, AFSA embarked on a process of revising its International Rules to ensure that the Rules reflected best International Practice and provide additional certainty and clarity to businesses trading across borders on the African continent and beyond.

Under the guidance of an International Drafting Committee and Advisory Board, a thorough review of the Rules took place. The process has now been completed and the new Rules will further enhance the efficiency of AFSA international arbitrations.

For further information click here.
To view the new International Rules click here.

To view details on the Drafting Committee and
Advisory Board 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.

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.

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.

EXPERT PANEL

AFSA has experienced multi-disciplinary growth, including growth in the need for accounting expertise.

AFSA is therefore in the process of establishing a Panel inter alia of forensic accountants and accounting experts.

For further information click here.

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