Experts Discuss Arbitration Challenges and Developments in Arab and OHADA Countries at Fez Colloquium
TL;DR
- First edition of 'Arbitrage, Pays arabes et OHADA' colloquium held in Fez.
- International arbitration experts discussed legal challenges and advancements in Arab and OHADA member states.
- Focus on the development of reliable and attractive arbitration frameworks for regional investments.
Overview
The inaugural 'Arbitrage, Pays arabes et OHADA' colloquium convened in Fez, Morocco, bringing together renowned international experts to examine major issues and recent developments in arbitration within Arab countries and OHADA (Organization for the Harmonization of Business Law in Africa) states.
What Happened
The two-day event, organized by the Euromed University of Fez (UEMF) in partnership with the Association Henri Capitant, gathered practitioners and scholars to address key uncertainties in international arbitration.
François-Xavier Lucas (University of Sorbonne/UEMF) highlighted the essential role of arbitration as private justice in international disputes, notably in Morocco's development drive, and stressed the need for an effective, reliable legal framework to attract investors.
Laurent Aynès (Université Paris 1 Panthéon-Sorbonne) discussed the near-universal adoption of arbitration, driven by globalization and the need to protect investments, while also noting that some perceived advantages-such as speed, flexibility, and confidentiality-are less pronounced today and the choice and reputation of arbitrators remain critical.
Samaa Haridi (King & Spalding, US) underlined the increasing presence of Arab practitioners in arbitration and the region's adoption of new legislation and arbitration centers, aiming to showcase and reinforce local expertise in the field.
Context
The colloquium reflects Morocco's and the region's growing interest in enhancing arbitration as a key mechanism to resolve commercial and investment disputes, particularly amid large-scale infrastructure projects.
Sessions covered topics such as recent jurisprudence on competence-competence, constitution of arbitral tribunals, transparency, conflicts of interest, the interplay of FIDIC contracts with civil law systems, and culturally specific practices for evidence gathering.
Why It Matters
- Effective arbitration frameworks can improve investment climates by providing reliable methods for dispute resolution.
- The rising involvement of practitioners from Arab and OHADA countries could localize and contextualize arbitration procedures, increasing trust and accessibility for regional entities.
- Ongoing collaboration and discussion are crucial to addressing legal uncertainties and harmonizing best practices in international arbitration.