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.

Upcoming events

FOR FURTHER DETAILS ON THE CONFERENCE CLICK HERE
THE AUSTRALIAN ARBITRATION WEEK
Will take place in the week of 9 to 13 October 2023 in Perth. The Australian Centre for International Commercial Arbitration (ACICA), together with the Chartered Institute of Arbitrators Australia (Ciarb Australia) will launch AAW2023 which attracts speakers and delegates from Australia and across the world. It enjoys the support of national and global institutions, law firms, government, business, the judiciary, and academia. Further information will be made available in due course or contact secretariat@acica.org.au.
THE 9TH ANNUAL INTERNATIONAL ARBITRATION CONFERENCE
Presented by the School of Oriental and African Studies, University of London (SOAS) will take place in Cape Town on the 11th of October 2023. The theme of this year’s conference is Arbitration Procedure with the focus on the preliminary meeting/CMC, drafting a procedural orderwitness, examination challenges, tribunal deliberations and drafting the award.
For further details and to register for the conference click here.
Watch this space for upcoming events.
SADC-LA Annual Conference and General Meeting
The largest networking conference of lawyers in the SADC Region is scheduled for the 28th of July - the 3rd of August at Avani Victoria Falls Resort in Livingstone, Zambia. You are kindly invited to register for the SADC-LA Annual Conference & General Meeting.

Venue: Avani Victoria Falls Resort, Livingstone Zambia
Date: 28 July – 2 August 2024
Theme: Building Resilient Futures – Convergence of Law and Tech Innovation for Sustainable Investment in Infrastructure, Mining and Energy in Southern Africa.

Information currently available on the website -
https://sadcla.org/sadcla-agmc/

News update

We have pleasure in sharing with you an outline of the
Johannesburg Arbitration Week 2024.
Inaugural Johannesburg Arbitration Week - A Major Milestone
Day 1
Day 2
JAW Gala Dinner
Chief Justice Zondo’s speech
Day 3
Cajac partners attend JAW and CAJAC Guiding Committee
Women in Wine Welcoming Event held at AFSA’s headquarters on the eve of JAW
To read all about JAW 2024 in the newsletter, click here
AFSA Rules to be the model for a
BRICS DISPUTE RESOLUTION
FRAMEWORK
Representatives of the Federal Council of the Brazilian Bar Association; the Association of Lawyers of Russia; the Bar Association of India; the China Law Society and the Law Society of South Africa met in Johannesburg on 8 and 9 December 2023 in the Eighth BRICS Legal Forum. The forum resolved to prioritise the setting up of a BRICS Disputes Resolution Framework using modified AFSA Rules. The rules are to be ready for adoption and ratification at the next BRICS legal forum to be held in Russia.
MALAWI ADOPTS A NEW
LEGISLATIVE FRAMEWORK FOR
INTERNATIONAL COMMERCIAL
ARBITRATION
On 7 December 2023 the Malawi Parliament adopted the International Arbitration Bill, 2023 without modification. The Bill reflects the joint proposals made to the Government by AFSA and the Malawi Law Society. Malawi thereby brings its legislative framework in line with international best practice for the resolution of commercial and investment disputes. This opens the way for AFSA to support the Malawi International Arbitration Centre (MIAC) and for MIAC to join the AFSA Alliance.
AFSA’s full membership accepted by
THE INTERNATIONAL FEDERATION OF COMMERCIAL ARBITRATION INSTITUTIONS (IFCAI)
“On behalf of the Arbitration Foundation of Southern Africa (AFSA), we are proud to announce our full membership in the International Federation of Commercial Arbitration Institutions (IFCAI).

IFCAI is renowned for its dedication to promoting excellence in the field of commercial arbitration on a global scale. By fostering a community of reputable arbitration institutions, IFCAI aims to facilitate the exchange of knowledge, expertise, and best practices in arbitration. AFSA’s inclusion in IFCAI’s esteemed network serves as a testament to its strong reputation and commitment to the advancement of arbitration in the Southern African region and beyond. We are proud to be part of this elite network and are excited to share our experiences and learn from the other members of IFCAI.

With the IFCAI, we look forward to a dynamic and mutually enriching collaboration that will shape the future of commercial arbitration in Southern Africa. We are delighted to embark on this journey and look forward to contributing to the global arbitration community.”
AFSA International successfully hosted a webinar, “Navigating AFSA’s International Arbitration Rules for Effective Dispute Resolution,” in collaboration with the Indonesian Dispute Board. Key speakers, including Adv Patrick Lane SC, Adv Michael Kuper SC, Jonathan Ripley-Evans, Svetlana Vasileva, Des Williams, and Roger Wakefield and moderator Adv Ghandi Badela, shared valuable insights about AFSA’s services and arbitration process. The session drew 116 attendees from diverse regions, including Indonesia, South Africa, and Switzerland, and provided rich insights into the topics discussed. We appreciate everyone’s participation and anticipate hosting more such events in the future.

Click here to watch the webinar.
AFSA AND SARIPA POOL EXPERTISE AND RESOURCES TO PROVIDE AN EXPEDITED DISPUTE RESOLUTION PROCESS
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”.

To view the Request to Arbitrate, the Model Clause and the Rules refer to the Business Rescue page on the AFSA website.

For further information contact Sandra Swanepoel, Registrar: Business Rescue sandra@arbitration.co.za

AFSA and SARIPA jointly launch
new Business Rescue Division - WEBINAR.
Click here to view the webinar

AFSA and the Indonesian Dispute Board SIGN MEMORANDUM OF
UNDERSTANDING
We are delighted to announce the signing of a Memorandum of Understanding (MOU) between AFSA and the Indonesian Dispute Board.

This MOU emphasises AFSA’s commitment to fostering international relationships with the international arbitration community and aims to facilitate the exchange of knowledge and promote collaborative research and training. It is anticipated that the arbitration community in Southern Africa and Indonesia will also benefit from sharing international best practice.
Advocate Michael Kuper SC 
Chairman of AFSA 

PERSPECTIVES 2 explores a shared Dispute Resolution Mechanism for BRICS

The second edition of Perspectives is now available and explores Designing a Dispute Resolution Mechanism for BRICS. Various contributors identify and examine the challenges in designing a shared dispute resolution mechanism for BRICS member states, including Brazil, Russia, India, China and South Africa. In 2019 AFSA was nominated the BRICS Centre for South Africa and the BRICS project is the second of the key international projects to which AFSA is committed and says AFSA Chairman, Michael Kuper, “will reflect the same inclusive design as its CAJAC progenitor”.

While the second edition of Perspectives analyses the challenges in designing a shared dispute resolution system for BRICS, the first edition of Perspectives dealt with the New York Convention - 60 years later, an assessment by a panel of AFSA graduates speaking from different vantage points. The Perspectives publications and the topics covered serve as a research tool and an on-going record of the development of arbitration in Southern Africa and Africa.

Both publications can be downloaded from the website.
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