Resources

Browse through all our important documents

Rules of Conduct

These Rules are essentially those of the Association of Arbitrators (Southern Africa) (“the Association”) and have been modified to meet local conditions with the express permission of the Association.

Click to download

Constitution

The society shall be a body corporate with perpetual succession, and shall be capable in law of suing and being sued in its corporate name, and of acquiring, holding, alienating and hypothecating.../ read more

Click to download

The Act

In this Act, unless the context otherwise requires "arbitration" means any proceedings held pursuant to a submission; "arbitrator" means any person acting as such pursuant to a submission;...

Click to download

Your Gateway Alternative to Dispute Resolution

Open to individuals and corporate members who have an interest, and expertise in arbitration and ADR.

BECOME A MEMBER GET IN TOUCH

IMPORTANT LINKS

+ Terms of Use
+ Privacy Policy

NAVIGATION

+ Home
+ About BIArb
+ Governance
+ Membership
+ Appoint an Arbitrator
+ Resources
+ Archives
+ Gallery

GET IN TOUCH

Postnet Kgale, PO Box AD85, ADD
secretary@biarb.org.bw

Developed by: i-CENTRIC

Floyd Mogapi / Member

Floyd is a Claims Consultant, arbitrator, adjudicator, Civil Engineer and an Expert witness with vast experience in the Construction industry. He has been involved in different engineering and construction projects as well as representing parties in dispute resolution mechanisms. Mr. Mogapi also season practitioner in both Arbitration and Adjudication having been appointed to resolve several disputes. He has Bachelor of Engineering from the University of Botswana, Master in Business Engineering (International Construction – Practice and Law) from Stuttgart and other several qualifications. Mr. Mogapi is currently the Managing Director for ADR Consultants (Pty) Ltd where he specially deals with advising in Construction Claims, expert witnesses, party representation and Arbitration and Adjudication matters.

Don Ruhukwa / Honorary Secretary

Don Ruhukwa is a construction claims practitioner. He holds a Master of Laws Degree from Exeter University UK (1989), together with a Master of Laws Degree in Public Procurement Law and Policy from the University of Nottingham UK. (2013)

He has over 23 years of experience in both contentious and non-contentious construction claims, 14 years of which were spent as a claims defence specialist in the Office of the Attorney General of Botswana. He is familiar with most international standard forms of Construction Contracts including FIDIC, NEC, GCC and JBCC.

Mr. Ruhukwa has acted as instructing Counsel and party representative on major civil infrastructure projects in Botswana including roads, airports, stadia, and major building works and has also acted as sole Arbitrator in private commercial arbitrations. Mr. Ruhukwa has served on the Executive Committee of the Botswana Institute of Arbitrators as its past Chairman and is the present Honorary Secretary. He is an Associate member of the Botswana Institute of Arbitrators, the Association of Arbitrators of Southern Africa, and Executive Committee member of the Construction Adjudication Association of Southern Africa (CAASA). He is also an overseas member of the Society of Construction Law (UK) since 2013.

Mike Rasetshwane / Vice Honorary Secretary

Mike Rasetshwane [LL.B, UB, 2013] is an attorney running the firm Rasetshwane Attorneys, based in Gaborone Botswana. His practice is biased towards corporate commercial matters and for this reason he has an unsurprising interest in effective Alternative Dispute Resolution processes (ADR). He joins the ExCo with over 10 years of experience from private practice, and currently serves as our Vice Secretary. Mike wishes to have the Institute grow to its full potential and to declutter the ordinary Courts which have undesirable backlog.

Kgalalelo Monthe / Vice Chairman

Graduated from the University of Botswana in 1987 and joined the attorney General as State Attorney at the Deeds Registry and the following year in 1988 passed both the Conveyancing and Notarial Examinations tracked to Francistown to start a life in private practice and joined the firm of Ebrahim Attorneys. Returned to Gaborone in January 1989 as Professional Assistant to the firm of the Late Chief Justice J.M. Nganunu in partnership with Justice Tafa.

Founded Monthe Marumo and Company in April 1992 where he remains to date. Appointed by President Mogae to Chairman of a Commission of Enquiry on the cattle lung disease in 2002. Appointed Acting Judge of the High Court same year for six months.

Some of the highlights is a decision on Urgent Applications in the matter of Botswana Ash v. Zuzumbe which has been referred to extensively in the subject matter of urgency. As a Practitioner is regarded highly in the field of Procurement and Land Law. In one instance had the Court of Appeal change and alter its previous decision in regard to Tribal Land.

Elemang Modisane / Honorary Treasurer

Elemang Modisane has over 10 years of legal experience. She holds a Master of Laws in Commercial Law (LL.M.) from the University of Cape Town (UCT) and a Master of Laws in International Trade Law (LL.M.) from Stellenbosch University (SU). She graduated from University of Botswana with a Bachelor of Laws.

Prior to establishing the firm, she was an Attorney with one of the leading law firms in Botswana that specialised in corporate and commercial law until July 2021. She possesses vast knowledge and expertise in corporate and commercial law and practice, litigation and advises on business aspects of local and cross-border transactions. /read more

Email: treasurer@biarb.org

Reg Reynolds / Member

Reg is a professional engineer with more than 33 years at senior and executive management levels in the mining and power industries with responsibility for managing ZAR multibillion mega-projects in the mining and power industries. During his career on the mines, he rose through the ranks from Section Engineer to Divisional Engineer to Chief Engineer. Amongst other responsibilities, he was the project engineer on a variety of building, civil, mechanical and electrical projects.

During his career on the mines, he rose through the ranks from Section Engineer to Divisional Engineer to Chief Engineer. Amongst other responsibilities, he was the project engineer on a variety of building, civil, mechanical and electrical projects, which included, amongst others: / read more