AFSA SA’s Post

They say perfection is not attainable, but if you chase perfection, you achieve excellence. I am so excited and grateful to have been elected Chairperson of the Chartered Institute of Arbitrators, Zambian Branch. I look forward to serving and working with our members in advancing (i) ADR as the preferred mode of dispute resolution, and (ii) Zambia as a safe seat for Arbitration. Here’s to excellence 🥂 #arbitration #adr #arbitrationinzambia #ciarbzambia #womeninarbitration

⏰ Happening Today! Last Chance to Register! Join the joint webinar being organised Br Young AFSA & African Arbitration Association Young Members Group on Enforcement of Arbitral Awards in South Africa, Zambia, Zimbabwe, and the UAE. Don’t miss out on this opportunity to hear from top experts on the unique challenges and enforcement practices in these key jurisdictions. 📅 Date: 27 November 2024 🕔 Time: 17:00 - 18:30 SAST 15:00 - 16:00 GMT 🔗 Register here: https://lnkd.in/dC8QFEsh #YoungAFSA #YoungAfAA #Arbitration #Enforcement #InternationalLaw #Webinar

I had the opportunity to listen in on this webinar and while there are many important points shared regarding the differences and similarities in the enforcement of arbitral awards, the interpretation of the awards and challenges thereto, the panelists were asked to share advice for the listeners and below is a brief take-away of the essential skills/behaviours. Annie Kawandami advised that we learn negotiation skills, with this properly learnt there might not be challenges that come about if arbitration awards need to be enforced where the parties have specifically negotiated the terms in a favourable manner. Ranna Musa رنه موسى advised that we read, read as much as we can on not just arbitration proceedings but Alternative Dispute Resolution measures, the more knowledge and understanding we have, the better. Gerhard Rudolph advised that we learn the civil procedure and the jurisdictional prerequisites of the seat of arbitration we want to use, it won't help to receive an arbitration award that is not enforceable in the specific jurisdiction because of lack of compliance or knowledge about the prerequisites. @Advocate Tawanda Zhuwarara advised that we do not underestimate arbitration proceedings by looking at them as being less formal compared to court proceedings and that we can just navigate our way without acquiring knowledge, where we have insufficient knowledge, we must try to learn from the Lawyer next door. Looking forward to the next sessions. AFSA SA Young AFSA

Uganda Legal Alert: The Arbitration and Conciliation (Amendment) Bill, 2024 seeks to amend the Arbitration and Conciliation Act to mainstream the functions of the Centre for Arbitration and Dispute Resolution established under the Act into the Ministry of Justice; abolish the centre as a corporate entity; and re-establish it as a department in the Ministry of Justice. Afriwise #arbitration #adr #conciliation #legalalert #lawandlegislation #uganda #disputeresolution

Ever wondered how to resolve disputes without the hassle of going to court? Swipe to discover Alternative Dispute Resolution (ADR) – a faster, cost-effective, and private way to settle conflicts. Join us on this journey towards smarter dispute resolution! Curious to know more? Follow Pakistan International Disputes Weekend (PIDW) and visit us at www.pidw.pk. Let's make dispute resolution simpler and smarter together! #international #pakistan #dispute #disputeletters #week #disputeresolution #day #weekend

In the September edition of the TEMPLARS Dispute Resolution Digest, the Dispute Resolution Practice group provide insights into the latest developments in dispute resolution across Nigeria and Ghana.   The Digest features a curated selection of recent landmark judgments, legislative updates, and pivotal developments in the sector.   Click here to read: https://lnkd.in/dWF3UaN6 .................................................... #DisputeResolution #NigeriaLaw #GhanaLaw #LegalUpdates #JudicialReview #LandmarkJudgments #LegislativeUpdates #LegalDigest #ADR #Arbitration #Mediation #CaseLaw #CourtDecisions #Disputes

In the September edition of the TEMPLARS Dispute Resolution Digest, the Dispute Resolution Practice group provide insights into the latest developments in dispute resolution across Nigeria and Ghana.   The Digest features a curated selection of recent landmark judgments, legislative updates, and pivotal developments in the sector.   Click here to read: https://lnkd.in/dWF3UaN6 .................................................... #DisputeResolution #NigeriaLaw #GhanaLaw #LegalUpdates #JudicialReview #LandmarkJudgments #LegislativeUpdates #LegalDigest #ADR #Arbitration #Mediation #CaseLaw #CourtDecisions #Disputes

We must rethink dispute resolution in Nigeria.

An Arbitration clause is the only valid clause in an invalid contract

Did You Know??? 💡In an application for the setting aside of an award under Article 34 of the Model Law, the court's powers are limited to two options, either upholding or setting aside the award (in whole or part). 💡The court does not have the power to, upon setting aside an award, remit the matter to the tribunal for redetermination. 💡Party autonomy is a paramout feature of the arbitration regime in Zimbabwe. It is up to the parties to decide how to proceed following the setting aside of an award. 💡The Supreme Court of Zimbabwe in Zimbabwe Electricity Supply Authority v Maposa 1999 (2) ZLR 452 (SC) 467B-D (CLOUT Case 323) held that: "Party autonomy is a paramount feature under the regime in this country and where a court sets aside an award it may not usurp this right of the parties by remitting the matter to the arbitrator for re-determination. It must leave it to the parties to proceed as they deem fit. Therefore, in the present case, although the award is to be set aside, it will be up to the appellant and the respondent to choose whether to re-approach the arbitrator and request him to decide the questions refereed to in paragraphs 11.3 and 11.4 of the submission to arbitration signed on 28 November and 2 December 1997, or to arrange a fresh arbitration, or to take any other action they consider appropriate." 💡In Origen Corporation (Pvt) Ltd v Delta Operations (Pvt) Ltd 2005 (2) ZLR 349 (H) 357F-H, the High Court held that: "It seems to me that the matter should be left for the parties to proceed the way they deem fit." 💡In Matthews v Ebrahim N.O. & Others 2015 (1) ZLR 168 (H) 175B-C (CLOUT Case 1792), the High Court held that: "Accordingly, the award must be set aside. In terms of the law the court will leave it to the parties to determine the future course of the matter." Now You Know!!! #Didyouknow | #ArbitrationLaw #settingasideanaward #DisputeResolution #ADR #AfricanDisputes #ArbitrationinAfrica #Zimbabwe