About IPACSA

For many years major commercial litigation in South Africa has generally been resolved by arbitration. This is because there are clear advantages to arbitration over litigation in, for example, the South African High Court. These include speed, cost, and expertise (the ability to choose, as arbitrators, leading lawyers who are specialists in the field of law that is the subject of the dispute). However, hitherto, intellectual property disputes have rarely been arbitrated in South Africa.

Intellectual property law is highly specialised. There is clearly a need for intellectual property arbitration in South Africa where disputes can be resolved by leading intellectual property counsel. Further, delays in the court system can be substantial and there is a need for quick and efficient resolution of disputes. Recognising these needs, intellectual property silks at Circle Chambers in Brooklyn, Pretoria, conceived the idea of establishing an intellectual property arbitration centre harnessing the skill and experience of South Africa’s leading intellectual property advocates as arbitrators.

An initiative of Cedric Puckrin SC and Anthony Franklin SC, with the able assistance of our secretariat Marcia Davids, IPACSA now offers specialist arbitration services exclusively in intellectual property disputes. Our arbitrators are leading intellectual property Senior Counsel and Junior Counsel.  The Rules have been written to be flexible and practical with a view to the expeditious, just and fair resolution of intellectual property disputes. The aim is to complete litigation from commencement to final award within six months. In certain circumstances the Rules also provide for appeals before an Arbitral Appeal Tribunal.

The preferred venue for intellectual property arbitrations under IPACSA are the boardrooms at Circle Chambers in Brooklyn, Pretoria. However, in keeping with our desire to be flexible, IPACSA arbitrators will conduct hearings at alternative venues and, where appropriate, online through various platforms such as Teams.

Pages linked to this website include a definition of the intellectual property disputes that can be arbitrated before IPACSA, a list of IPACSA arbitrators (including a brief bio and each arbitrator’s fees for arbitration services), a link to the Rules of IPACSA, various standard documents to be used in IPACSA arbitrations and instructions on how to commence arbitration.