- CAJAC
- SADC Alliance
- BRICS
Various subject matters and types of disputes call for specialised knowledge, procedural rules and understanding of the industries involved. Below are just some of the substantive areas of disputes that fall within specialised arbitral procedures.
Commercial arbitration is one of the most widespread forms of arbitration, used to resolve disputes arising out of commercial transactions between private parties, often companies or business partners. These disputes might involve contractual, commercial, property, insurance, securities, consumer or many other types of commercial law elements. Commercial arbitration is usually governed by general arbitration rules, such as the AFSA Domestic Arbitration Commercial Rules or UNCITRAL Arbitration Rules. This type of arbitration is popular due to its private and flexible nature, allowing parties to resolve disputes efficiently without extensive court procedures.
Construction arbitration is often utilised to handle disputes related to construction contracts, involving complex technical issues and a high level of industry-specific knowledge. These disputes involve project delays, cost overruns, defective workmanship and similar construction-specific complexities, often in connection with standard form contracts such as the FIDIC, NEC and JBCC contracts. Construction disputes are commonly subject to tiered dispute resolution clauses, which may require mediation followed by adjudication before the Dispute Adjudication Board before advancing to arbitration. In construction related proceedings you might find that the appointed adjudicator or arbitrator is a technical rather than a legal expert, given the highly technical nature of some construction disputes. AFSA offers both Standard Rules for the Conduct of Unadministered Arbitration and Expedited Rules, specifically for construction disputes.
Business rescue arbitration focuses on disputes that arise during the business rescue process, where a financially distressed company seeks reorganisation to avoid liquidation. Disputes may involve creditor claims, shareholder interests or compliance with rescue plans. The arbitration rules often vary, with practitioners relying on local laws such as South Africa’s Companies Act of 2008, which governs business rescue proceedings in the country. The AFSA-SARIPA Rules for the Resolution of Disputes in Business Rescue Proceedings were made particularly for disputes arising in connection with business rescue.
Investor-State arbitration is used to resolve disputes between foreign investors and host states, typically under bilateral or multilateral investment treaties. This area is often governed by instruments such as the ICSID Convention or UNCITRAL Arbitration Rules, allowing investors to seek redress for actions like expropriation or unfair treatment. The reform of investor-State dispute resolution is the subject of negotiations before UNCITRAL Working Group III, which is developing a legal framework for an Advisory Centre and Standing Mechanism (a tribunal) to improve the legitimacy of investor-State dispute settlement across the globe.