The Second Patrick Lane SC AFSA International Arbitrator Workshop

Following the plenary meeting, AFSA hosted the Second Patrick Lane SC AFSA International Arbitrator Workshop, recognising the valuable contribution of the late Patrick Lane SC to the practice of arbitration in Southern Africa.

The workshop, titled “Managing the Arbitral Proceedings”, brought together arbitrators and practitioners to discuss key procedural aspects of arbitral case management under the AFSA International Rules (2021).

The programme addressed several critical stages of the arbitral process under the AFSA International Rules (2021).

The first session, “Managing the Arbitral Proceedings: First Case Management Meeting,” was presented by Prof. Lise Bosman, President of the AFSA International Court. The session explored the importance of the initial case management conference as the procedural foundation of the arbitration, including setting the procedural timetable, identifying key issues early in the proceedings, and establishing clear expectations for the conduct of the arbitration. Particular attention was given to the use of the ICCA Drafting Sourcebook for Logistical Matters in Procedural Orders and the Checklist for the First Procedural Order (2026) as practical tools for structuring the early stages of the proceedings.

This was followed by “Managing the Arbitral Proceedings: First Procedural Order,” presented by Edwin Glasgow CBE KC, Vice-President of the AFSA International Court, and Tengo Rubadiri, AFSA Court Member. The discussion focused on the role of the first procedural order in providing a clear procedural framework for the arbitration, covering matters such as procedural timetables, document production, hearing formats, and communication protocols. The presenters also referred to the ICCA Checklist for the First Procedural Order (2026) as practical guidance for tribunals in structuring effective and enforceable procedural directions.

The third session, “Managing the Arbitral Proceedings: Surprises During the Proceedings,” was presented by Justice Nageswara Rao, AFSA Court Member, and Adv Svetlana Vasileva, AFSA Secretary General. This session addressed how tribunals should deal with unexpected procedural developments during arbitral proceedings, including late applications, jurisdictional objections, evidentiary issues, and procedural irregularities. The discussion introduced an AFSA Tribunal “Surprise Response” Checklist under development, which provides tribunals with a structured approach to managing unforeseen procedural developments while safeguarding due process and procedural fairness.

The final session, “Ensuring Enforceability of the Award: Arbitral Award Checklist,” was presented by Jonathan Ripley-Evans and Dr Remy Gerbay, both Vice-Presidents of the AFSA International Court, together with Clement Mkiva of Bowmans. The session examined the critical elements required to ensure that arbitral awards meet international enforceability standards. Drawing on the AFSA Award Checklist, the presenters discussed common drafting issues, procedural safeguards, and practical considerations that help tribunals produce awards that are robust, reasoned, and capable of enforcement under international arbitration frameworks.

Across the sessions, the key takeaway for participants was the importance of structured procedural management, clarity in tribunal directions, and careful award drafting in ensuring efficient proceedings and enforceable outcomes. The workshop provided participants with a range of practical tools, templates, and checklists designed to support arbitrators in managing proceedings effectively under the AFSA International Arbitration framework.

The invitation-only workshop was fully subscribed, reflecting strong interest from the arbitration community. Participants and faculty represented 11 jurisdictions, underscoring AFSA’s expanding international engagement and the growing recognition of Southern Africa as an increasingly important venue for international arbitration.