Jonathan Ripley-Evans, Partner and Head of Disputes South Africa sat down with Svetlana Vasileva, the recently appointed Secretary General of the Arbitration Foundation of Southern Africa (AFSA) International Division, to discuss the future of international arbitration in Africa.
Svetlana has had a successful international legal career that began in Bulgaria, where she completed her LLM in European Community Law, Administration of Justice, and Economic Law at Burgas Free University in 1995. After serving as an advocate at the Bulgarian Bar, Svetlana joined a leading firm in Seychelles and focused on anti-money laundering matters for international clients.
Svetlana confirms that "It has been a long journey getting to this point in my career. I am a certified mediator in Bulgaria and Europe. In 2011, I specialised in commercial mediation with a Harvard qualification course. While based in Seychelles, I specialised in cross-border legal disputes as well as working in international financial services." Furthermore, Svetlana was a member of the Seychelles International Financial Services Association (SIFSA) Drafting Committee, which was responsible for redrafting the International Business Companies Amendment Bill 2017. She was also involved in the review and regulatory analysis of the International Corporate Service Providers (Amendment) Act (ICSP). Acting as a representative for the international financial services community, she presented recommendations to Seychelles' Financial Services Authority (FSA).
Thereafter, Svetlana's personal life led her to South Africa in 2018, presenting her with another opportunity to pursue her interests in arbitration. She completed her second LLM at Wits University in International Economic Law. "However," she says, "I was certain that arbitration was my passion and have continued developing my knowledge and experience in that sphere." Once Svetlana obtains her permanent residency in South Africa, she will be the only Bulgarian licensed advocate able to practice in both Bulgaria and South Africa.
Svetlana is also a certified mediator at the Professional Association of Mediators (PAMB), Bulgaria, and the Settlement Centre at the Sofia Regional Court. She was previously a Registered Mediation Provider (RMP) at the Civil Mediation Council (CMC), UK. As well as a Member of the International Financial Products and Services Committee and an associated member of the American Bar Association, International Law Section, a Member of the International Bar Association (IBA), Arbitration Committee, International Trade and Customs Law Committee, and Academic and Professional Development Committee, placing herself within a niche in the legal market. Recently, she also was admitted as a member of the International Law Association (ILA).
Both her professional and academic qualifications made her a natural fit for the position of Secretary General of AFSA, and she was "honoured to receive the invitation."
In 2021, AFSA made a significant revision to its International Arbitration Rules (the Rules). The new Rules established the AFSA Court, which is unique from a South African perspective and plays an important role in overseeing the arbitral process. The procedure under the new rules is more flexible, giving arbitrators more autonomy than the previous regime. When asked about the rules, Svetlana enthusiastically stated, "I work with the rules every day and am amazed at the flexibility, effectiveness and transparency they provide, which is key to the future of arbitration. The revised Rules mark a significant step toward global alignment for AFSA."
Africa has an increasingly active arbitration market, and countries like Kenya and Nigeria have produced several high-profile practitioners and arbitrators. However, a large number of the arbitrations administered in these jurisdictions are more domestic rather than international, and there is often a marked difference in the procedures used. Domestic arbitration procedures tend to mimic domestic court procedures, which are not as effective as international arbitration in resolving underlying disputes.
South African arbitration is similar, with an active market that still relies heavily on domestic procedures, and retired judges are often appointed as arbitrators. While there are encouraging signs, international arbitration still has some catching up to do to align with global trends. South Africa has taken an important step toward ensuring it is regarded as a "safe seat", with parties confident in the arbitral law, supervisory courts, and quality of arbitrators.
Svetlana confirms that AFSA is "on a mission" to enhance South Africa's reputation as a preferred seat for international arbitration in the region, with all members committed to putting in maximum effort to achieve this goal.
In a step towards achieving this goal, positively, AFSA has become a full member of The International Federation of Commercial Arbitration Institutions (IFCAI). With 52 member organisations worldwide, including reputable organisations such as the Australian Centre for International Commercial Arbitration (ACICA), London Court of International Arbitration (LCIA), and the ICC International Court of Arbitration, IFCAI aims to foster permanent relationships among commercial arbitration institutions by encouraging the exchange of information on all aspects of arbitration and facilitating the sharing of best practices and new solutions in the arbitration world. AFSA's membership in IFCAI will undoubtedly contribute to enhancing its reputation and that of South Africa on the global stage.
As South Africa continues to strengthen its legal framework, align with international standards, and actively engage in global arbitration networks, its emergence as a hub for international arbitration becomes increasingly evident, giving those who operate across the continent the opportunity to effectively resolve their disputes in Africa under the guidance of AFSA.
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