Since the promulgation of South Africa's International Arbitration Act (IAA) in late 2017, which incorporates the UNCITRAL Model Law, the Arbitration Foundation of Southern Africa (AFSA)'s international caseload has grown exponentially. To facilitate this continued growth, ensure best quality services possible and keep pace with developments in the rules of other major arbitral centres around the world, AFSA has decided to revise its International Arbitration Rules.

To that effect, AFSA has assembled a Drafting Committee and an Advisory Board composed of leading academics, experts and practitioners from around the globe to revise and redraft its current International Arbitration Rules, which pre-date the passing of IAA. Details on the Drafting Committee and Advisory Board can be found here.

Today, AFSA is proud to announce that its New International Arbitration Rules will be released during the Johannesburg International Arbitration Week in March 2020.

Prior to the official launch of the New International Arbitration Rules, AFSA wishes to publish draft rules for public comment to encourage wider public participation in the process.

Patrick Lane SC, Chair of AFSA International and Vice-chair of AFSA, says that: "The New International Arbitration Rules will be the product of a thorough review and the revisions will reflect developments of the international arbitration practice and procedure since the rules were first drafted. They will be an important step towards the implementation of new policies to foster the efficiency of AFSA international arbitrations."

Professor Dr. Maxi Scherer, Chairperson of the Drafting Committee and Advisory Board, is confident that "the New International Arbitration Rules will provide additional certainty and clarity to businesses trading across borders on the African continent and beyond and continue to make AFSA a highly attractive choice for parties in international arbitration proceedings."

An AFSA branch will soon be established in Mthatha in the Eastern Cape to provide arbitration and mediation services to both the public and private sector in the Eastern Cape.

This follows an approach by a number of legal practitioners from the Eastern Cape who saw the need to establish an AFSA branch in this region. A committee was established comprising legal practitioners who practice in Mthatha, East London and
Johannesburg. The committee members, now the founding members of the AFSA Eastern Cape branch, include: Adv V Notshe SC, Adv MM Matyumza, Adv V Msiwa, Adv E M Matanda, Adv B Metu, Adv SX Mapoma, Adv G Badela, Adv Z Ndesi Gilikidla and practising attorneys Ms VS Mncedane, Mr T A Nkele, and Mr V Nosindwa.

The AFSA Eastern Cape branch will offer services to the whole of the Eastern Cape Province. The founding members are of the view that historically, the Eastern Cape has produced strong and competent lawyers, while a number of judges in the various courts of the country are products of Eastern Cape universities and practiced in the Eastern Cape before elevation to the bench. Future arbitrators and mediators who have successfully completed AFSA’s Advanced Training Course, offered under the aegis of the University of Pretoria, will be excellent arbitrators. 

According to Advocate Mapoma SC “the establishment of the branch augers well for the future. With the assistance of AFSA, systems will be put in place, training will be provided, and a panel  of arbitrators will be established.”