History

Since 1996, AFSA has been at the forefront of arbitration and mediation in Southern Africa. Independent, experienced, and internationally recognised, we resolve disputes efficiently and with integrity.

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.

At AFSA's opening in 1996 its mandate was stated in this way -

“Any objective assessment of our complex industrialized and commercial society indicates that even where an effective, efficient and professional judicial system is in place, there is yet a need at every level of society for alternative dispute resolution mechanisms.

Business has the right to know that there are legitimate mechanisms in place through which disputes may be resolved effectively, efficiently, speedily and in the most economical way possible. AFSA will fill this void and I wish it every success.”

– Dullah Omar, then South Africa’s first Minister of Justice in the new democratic dispensation, speaking at the AFSA launch.

AFSA delivers efficient dispute resolution across commercial, domestic, and international matters, backed by a reputation built over decades.

About us

AFSA administers trusted, confidential dispute resolution across Southern Africa and beyond, managing domestic and international disputes through world-class mediation, arbitration, and related processes with integrity and efficiency.

The Arbitration Foundation of Southern Africa (AFSA) is a non-profit dispute resolution authority that administers and manages the confidential resolution of a wide range of domestic and international disputes through administered mediation, arbitration, and related processes. AFSA’s head office is in Sandton, Johannesburg, with branch offices in Cape Town, Pretoria, Durban, and the Garden Route.