ARBITRATION AGREEMENTS: FROM DRAFTING TO DISPUTE
Linkedin-in Facebook-f Instagram X-twitter << Back to ARTICLES Authored by the Young AFSA Knowledge Committee In Young AFSA’s latest webinar, arbitration experts from across Southern Africa convened to unpack the complexities of arbitration agreements, exploring both the nuances of drafting and the procedural challenges that arise across various jurisdictions. Chandni Gopal (Webber Wentzel, Johannesburg), Jonathan Ripley-Evans […]
SOFT LAW INSTRUMENTS AND GUIDANCE MATERIALS
Linkedin-in Facebook-f Instagram X-twitter << Back to ARTICLES Soft law instruments, while not binding, provide valuable guidance to practitioners and help shape consistent and fair practices in international arbitration. Some key instruments include: IBA RULES ON THE TAKING OF EVIDENCE The International Bar Association (IBA) Rules on the Taking of Evidence in International Arbitration offers a […]
SPECIALISED TRIBUNALS AND PROCEDURES
Linkedin-in Facebook-f Instagram X-twitter << Back to ARTICLES Specialised arbitration tribunals cater to specific industries or types of disputes, with rules designed to address unique characteristics. Some popular examples include: Construction Tribunals (e.g., Construction Industry Arbitration Council, India):Resolves construction-related disputes with a focus on timeliness and technical expertise. Financial Procedures (e.g., SIAC SGX-DC Arbitration Rules, […]
SUBJECT MATTERS OF ARBITRATION
Linkedin-in Facebook-f Instagram X-twitter << Back to ARTICLES Various subject matters and types of disputes call for specialised knowledge, procedural rules and understanding of the industries involved. Below are just some of the substantive areas of disputes that fall within specialised arbitral procedures. COMMERCIAL ARBITRATION Commercial arbitration is one of the most widespread forms of […]
KEY INTERNATIONAL ARBITRATION INSTRUMENTS
Linkedin-in Facebook-f Instagram X-twitter << Back to ARTICLES UNCITRAL MODEL LAW The United Nations Commission on International Trade Law (UNCITRAL) developed the UNCITRAL Model Law on International Commercial Arbitration in 1985 (with amendments in 2006) as a model for modern commercial arbitration law. It covers all stages of the arbitral process from the arbitration agreement, […]
The basic texts in southern africa
Linkedin-in Facebook-f Instagram X-twitter << Back to ARTICLES INTERNATIONAL ARBITRATION International arbitration on the other hand refers to disputes that have one or more elements in different jurisdictions, such as the parties’ primary place of business, the seat of the arbitration or the subject matter of the dispute. The following national arbitration acts govern international […]
The basic texts in Southern Africa
Linkedin-in Facebook-f Instagram X-twitter << Back to ARTICLES DOMESTIC ARBITRATION Domestic arbitration refers to arbitration where all elements of the dispute are located within a state. In the following select Southern African countries, domestic arbitration is governed by the following legislation: Angola: Arbitration Act No. 16 of 2003 Botswana: Arbitration Act, 1959 Comoros: OHADA Uniform Arbitration Act DR […]