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

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.
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.

News update

AFSA’s full membership accepted by
“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.
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
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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