Botswana Attorney appointed into international arbitrary body
Former Judge of the Industrial court and private attorney Tengo Rubadiri has been appointed into the 17 board members of the Arbitration Foundation of Southern Africa ( AFSA) International court.
AFSA is the body responsible for the administration of disputes in accordance with the rules, and other procedures or rules agreed upon by the parties.
AFSA is composed of an AFSA International Board, and AFSA International Court, AFSA International Secretariat. The board consists of senior international and African practitioners.
The International Court is led by a South African retired judge, Chief Justice Ngcobo as president. He received an LLM degree from Harvard Law School concentrating on constitutional law and international human rights. He was a recipient of a Fulbright Scholarship and a Harvard Law School Human Rights Fellowship. Retired Chief Justice Ngcobo gained extensive experience in the legal profession, both in South Africa and internationally, before being appointed to the Constitutional Court in 1999. Rubadiri is a Practicing Attorney with over 30 years of experience in Botswana. He is a former Judge of the Industrial Court in Botswana and a member of the Chartered Institute of Arbitrators ( CIARB).
He is a former Chairman of the Botswana Institute of Arbitrators and current Vice Chairman thereof, a Member of the Association of Arbitrators South Africa ( AOA), and one of the Botswana representatives to the AFSA SADC Panel of Arbitrators. Rubadiri is also a member of the Dispute Resolution Boards Foundation ( DRBF) and has experience on Dispute Board in Construction work, particularly on FIDIC Contracts. He has extensive training in International Commercial dispute resolution and in particular arbitrations. He has a wealth of training on matters involving the UNCITRAL Arbitration Rules, International Chamber of Commerce ( ICC Rules) and London Chamber of Arbitration ( LCIA) Rules, IBA Rules, and AOA Rules. Speaking to this publication about the appointment, Rubadiri said it is a great honour for him to be called to serve at that level. In its website, it is stated that since the promulgation of the International Arbitration Act in December 2017 there has been an increasing demand for the administration of cross- border disputes and the appointment of arbitrators of international standing to resolve international disputes. To facilitate the exponential growth in AFSA’s international caseload, AFSA embarked on a process of revising its international Rules to reflect best international practice. Under the leadership of Prof Maxi Shearer, Chairperson of the Drafting Committee and an Advisory Board composed of leading academics, experts and practitioners from around the globe; AFSA commenced the task of drafting a new set of international rules. Patrick Lane, Chairman of AFSA International, says “the new rules are a product of a thorough review which is an important step towards the implementation of new policies to foster the efficiency of AFSA international arbitrations”. Prof Maxi Sherer is confident that “the new arbitration rules will provide additional certainty and clarity to businesses trading across borders on the African continent and beyond and will continue to make AFSA a highly attractive choice for parties in international arbitration proceedings”. One of the most significant changes brought about by the Rules is the introduction of the AFSA Court and a Secretariat. The members
of the Court have been appointed and consist of senior international and African practitioners.
The function of the Court is among other things, to appoint and sanction the appointment of arbitrators, to deal with the challenges to appointments and issues of jurisdiction. It is assisted by a skilled and experienced Secretariat that is responsible for the day- to- day administration. The new International Rules will also be adopted for use in cross- border disputes in the SADC community. AFSA has already commenced accrediting arbitrators who have the necessary qualifications and experience in relation to international arbitrations. They come, inter alia from Africa, the United Kingdom, America, Europe, Australia and bring with them the wealth of knowledge, not only in their legal specialisations but their practical skills in the administration and techniques of international arbitrations. The accreditation of arbitrators will continue and AFSA welcomes applications for accreditation. Other noteworthy features of the Rules include multi- party/ multi- contract issues, providing for expedited procedures, regulating ethics and professional conduct and thirdparty funding, emergency arbitrations, transparency and provision for joinder, consolidation, and multiple contracts. Other members are Advocate Kuper SC who was the convener of the joint venture between the legal and accounting professions and the Chamber of Business to establish AFSA for the purpose of providing administered arbitration and mediation in the Southern African region and the establishment of an arbitral regime consistent with the UNCITRAL Model Law. Des Williams was the chairman of Werksmans who is experienced in all fields of commercial litigation and alternative dispute resolution, including international litigation, arbitration, and mediation. He was the sole South African member of the Court of Arbitration of the International Chamber of Commerce ( ICC) from 2011 to 2018 and is the former co- chair of the Litigation Committee of the International Bar Association. He is also a former member of the IBA’s Legal Practice Division and is Chairman of AFSA’s newly established SADC Division. He is ranked as one of the world’s leading arbitration specialists in the International Who’s Who of Arbitration. Prof. Dr. Scherer is a member of the Paris Bar and a Solicitor of England and Wales. She is a Special Counsel at Wilmer Cutler Pickering Hale and Dorr LLP ( London). Justice Edward Torgbor is currently a Specialist International and Chartered Arbitrator and Mediator based in Nairobi ( Kenya). Prof Lise Bosman on the other hand is based at the Peace Palace in The Hague, as Senior Legal Counsel at the Permanent Court of Arbitration ( PCA) and Executive Director of the International Council for Commercial Arbitration ( ICCA). Neil Kaplan CBE QC SBS has been a full- time arbitrator since 1995.