Methods that include arbitration, mediation, conciliation, and negotiation have been widely known in recent times due to the development of trade and investment conditions at the national and international levels, due to the economy in time and expenses involved in resolving disputes. These mechanisms also establish a culture of dialogue and tolerance, and develop social and family relations, in addition to their flexibility in terms of conflict resolution procedures and the rules applicable to them.
In order to devote work to these means and consolidate them in the fields of business, investment and services, on Friday, March 3, the Faculty of Legal, Economic and Social Sciences in Tangier, in partnership with the Millennium Center for Research and Legal Studies and the International Center for Dispute Resolution Group, organized a national symposium on the topic “The Role of Alternative Means for Resolving Investment Disputes… Stakes and Challenges .
This forum mainly aims to spread the culture of alternative means of resolving disputes, study the legal and economic dimensions of these means and the challenges they face, and highlight the role of these means in encouraging investment, as well as dedicating their work and consolidating them in the fields of business, investment and services.
As well as shedding light on Morocco’s interest in the field of arbitration through legislation regulating alternative means of resolving disputes, such as Law No. 05.08 related to arbitration and mediation agreement, and draft Law 17.95 through which the legislator tried to remedy all the gaps and deficiencies as well as a set of different laws.
The participants in this symposium emphasized that these alternative means have become a national necessity to serve the economy and develop foreign investments. Especially when the foreign investor feels that the judiciary of that country does not provide him with the guarantees that guarantee the maintenance of his rights and the preservation of his capital from tampering and loss.
The participants explained that the system of alternative means of resolving disputes will not respond to investment requirements and improve the business climate except by taking important measures that enhance its legal and economic value. Therefore, it was necessary to take important measures to promote and spread the culture of alternative means so that it becomes part of the commercial custom while giving it an important place within the field of justice. So that alternative means have become a national necessity in serving the economy and investment, and it only advances on the land of arbitration, mediation, and other alternative means of resolving disputes, because of their importance.
Hence, the alternative means of resolving disputes became one of the appropriate means for adjudicating an important group of disputes, as is the case with international trade disputes, consumer protection, intellectual property, disputes arising in the Internet environment, e-commerce, contracting contract disputes, and others.