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”.