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Report of the conference on arbitration in Moroccan law and in the OHADA area of ​​November 9, 2024 at the FSJES in Agadir (Morocco)

On Saturday November 9, 2024, a conference was held on “the study of the issues and prospects for the evolution of arbitration in Moroccan law and in the OHADA area”. This meeting, organized by the EDTIC research team, the Master MDPC-EAC (Master Comparative Private Law) of the FSJES of Agadir, in collaboration with the Club OHADA Marrakech, brought together an audience made up of doctoral students in law from the FSJES of Agadir – IBN ZOHR University as well as students of the Master MDPC-EAC from the same establishment.

Areas covered within the framework of the exchanges

The moderation of the conference was masterfully ensured by Mr. Youness BENDAHMANEProfessor of Higher Education at the FSJES in Agadir. The conference was structured around two major axes which are the “Presentation of the legal framework of arbitration in Morocco and in the OHADA area” while the 2nd axis was devoted to “the study of the challenges linked to the practice of arbitration in Moroccan and OHADA law”.

The first axis allowed the speakers to enlighten the public on the legal framework, the state of play of arbitration practice, the specificities of arbitration as well as the challenges faced by the parties to arbitration as well. both in Morocco and in the OHADA area. This axis was treated by Pr Bouchra JDAINIVice dean in charge of the center of excellence, coordinator of the EDTIC research team and the Master MDPC-EAC of the FSJES of Agadir (See summary on the legal framework and the innovations introduced by law 95-17 on arbitration and conventional mediation).

The second phase of the interventions made it possible to address the challenges of arbitration with a focus on the challenges inherent in the confrontation between the rules of arbitration and those of the law of collective procedures, two matters imbued with imperialism. The theme was addressed by Mr. Bruce Harsele TIREDdoctor in private law from Cadi AYYAD University, teacher-researcher at the Private University of Marrakech and founding president of the OHADA Marrakech Club under the aegis of Moroccan law and OHADA law (See summary intervention by Dr Bruce ILEMBI on arbitration and collective procedures).

An enriching debate followed these interventions allowing the day's speakers to provide clarification on specific points following questions from participants.

Handover of Works and Creation of a Think Tank

To close this day, the OHADA Marrakech Club, in partnership with the UNIDA/www.ohada.com association, presented several works and specialized codes on OHADA law, a donation given to the Comparative Law Master of the FSJES of Agadir and received by Pr Bouchra JDAINIcoordinator of said master’s degree. This valuable endowment will contribute to enrich the academic resources of Ibn ZOHR University and to strengthen the study and research in OHADA law in Morocco.

Furthermore, it was announced the imminent creation of a think tank with a view to relaunching the OHADA Club within the FSJES of Agadir. This project will receive the support of the OHADA Marrakech Club, whose commitment is part of a perspective of academic cooperation and sharing of legal knowledge, in order to promote and structure initiatives dedicated to OHADA law in the region.

We reiterate our thanks to all those who made this conference a great success. We are thinking particularly of Mr. Mohamed BOUAZIZdean of the FSJES of Agadir and to Madame Bouchra JDAINIvice dean, in charge of the center of excellence, coordinator of the EDTIC research team and the Master in Comparative Law (MDPC-EAFC) of the FSJES of Agadir-IBN ZHOR University for the organization, a very warm welcome.

We thank our partners, the UNIDA association, for their support in relaying our actions in favor of the promotion and training in the practice of OHADA law from Morocco.

Finally, we congratulate the members of the organizing committee of this beautiful and enriching scientific meeting, a committee mainly made up of students from the Master's in Comparative Law and doctoral students from the FSJES in Agadir for their warm welcome.

For more information you can contact :

Pr Bouchra JDAINIMaster FSJES Agadir

Email : [email protected]

Dr Bruce Harsele TIREDClub OHADA Marrakech

Email : [email protected] /[email protected]

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