On Wednesday, 1 July 2020, the Arbitration Foundation of South Africa (AFSA), launched its new International Arbitration Rules for public comment.
The international Drafting Committee was chaired by Professor Dr. Maxi Scherer and included other high profile individuals including Ndanga Kamau, Jennifer Kirby, Lise Bosman, Chiann Bao, Remy Gerbay and Jonathan Ripley-Evans (Director, HSF Johannesburg). Gregory Travaini (Senior Associate, HSF Paris) acted as one of the committee secretaries and the drafting process was overseen by the AFSA Advisory Board (including Craig Tevendale, Partner, HSF London). A full list of Drafting Committee and Advisory Board members can be found here.
A copy of the draft rules can be found here. The draft marks a significant departure from existing arbitral practice in South Africa and demonstrates AFSA's focus on widening its appeal to a truly international market. The new rules include provisions relating to emergency arbitrators, expedited proceedings, early dismissal of claims, non-participating parties, multi-party/contract proceedings (including joinder and consolidation), confidentiality, and third-party funding.
AFSA welcomes comments on the draft rules until 31 August 2020 at comments@arbitration.co.za.
For more information please contact Jonathan Ripley-Evans, Director, Craig Tevendale, Partner, Gregory Travaini, Senior Associate, or your usual HSF contact.
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