In 1996, institutional representatives from the legal, business, and accounting communities in South Africa came together in a non-profit partnership venture to provide the best process for private dispute resolution.
The Arbitration Foundation of Southern Africa (AFSA) was established to provide fair and reliable mechanisms for resolving disputes privately, to establish panels of mediators and arbitrators, and to train and develop these practitioners. One of the objectives was to become a regional leader in international arbitration.
Over the years, AFSA’s work has largely transformed the way the business sector handles its disputes. Today, the typical business contract contains a dispute resolution clause which provides that, in the event of a dispute, the parties will resolve their differences in accordance with AFSA’s rules and procedures.
AFSA has led the way in training mediators and arbitrators from all sectors of the community, as well as educating the community on the dynamics and techniques of dispute resolution. AFSA’s Advanced Certificate in Alternative Dispute Resolution, offered in collaboration with the University of Pretoria, enjoys international recognition.
In December 2015, the fifty-one nation state members of the Forum of China Africa Cooperation (FOCAC) published an Action Plan in which it was resolved to establish the China Africa Joint Arbitration Centre (CAJAC) to facilitate and encourage the growth of trade and investment between China and Africa by providing for an appropriate mechanism to resolve disputes which might arise between Chinese and African entities whether natural, legal, public or private.
AFSA was given the responsibility, in partnership with the Shanghai International Arbitration Centre (SHIAC), to establish the China-Africa Joint Arbitration Centre (CAJAC), initially operating out of Johannesburg and Shanghai.
CAJAC Johannesburg was launched in November 2015, and the CAJAC partnership has since grown to include the Beijing International Arbitration Centre (BIAC), the Shenzhen International Court of Arbitration (SCIA), the Nairobi Centre for International Arbitration (NCIA), and OHADA, the interstate Business Organisation and dispute resolution authority in West and Central Africa.
With the passage of the International Arbitration Act, No. 15 of 2017, AFSA was able to, within a short period, become a leader in the administration of international arbitration matters on the African continent.