“Incredible” and “fabulous”. This is how Me Amin Hajji, President of the Court of Arbitration of Mizan, described the recent law on arbitration. Published in the Official Bulletin on June 13, 2022, the new text “consecrated digital arbitration”.
“This law solves many difficulties, even if we have done everything not to find ourselves faced with a wall in terms of solutions”, declared Mr. Hajji during an event organized this Tuesday, June 28 by the Mizan arbitration center , about arbitration in a digital world, in which Mizan is presented as a solution.
“This new law places Morocco among the best States in terms of effectiveness”
The arbitration center has two platforms, one dedicated to “classic” arbitration and the second to accelerated arbitration. A first in Africa, launched in October 2021, a few months before the adoption and publication of the law on arbitration.
For Me Hajji, this new law places Morocco among the best States in terms of effectiveness. In terms of arbitration awards, “the big problem lies in efficiency and effectiveness”. From now on, “the judge can sanction the party who uses the action for annulment – the most important – in a dilatory way, that is to say without legal basis and strong arguments”, he indicates.
In this case, the sanction may be “25%, at least, of the amount which would have been judged against the party using the recourse in a dilatory manner”. Because, unlike other remedies (revision, withdrawal and third party opposition), the remedy of annulment blocks the execution of the arbitration award.
Towards digital arbitration
This novelty is part of the contributions that delight the members of the Mizan Arbitration Center. The latter are preparing an arbitration review, which is scheduled for publication at the end of July, in which articles will be updated based on the content of the new arbitration law.
At the same time, the Mizan arbitration center is preparing for switch to digital arbitrationwith a toolartificial intelligence. According to Me Hajji, the project is currently in its first phase. He will “soon enter the test phase” to assess the ability of “the machine” to respond “naturally to questions”.
For this project, Mizan also insists on the need for technological security, made a priority, particularly in the context of digital arbitration and traditional and accelerated arbitration platforms. And this, through security plans, the locking of access to the platforms by the necessary obtaining of connection tokens, the establishment of a waiting room system and the locking of hearing rooms, the possibility of expelling a user, but also of recording, in an encrypted way, the hearings. Knowing that all the operations carried out remain traced and consultable.
In addition to the technological aspect, Mizan emphasizes the legal security, placed at the heart of his project. This is demonstrated by a simulation of the procedure by staging all its stages, within the framework of a “mini trial (trial, editor’s note)” relating to a fictitious dispute between an employer and an employee. Registration, authentication, filling in data, downloading files, choosing the arbitrator or even holding a hearing in the presence of the arbitrator and the parties; all these steps were presented during this event. It was closed by the interventions of university professors and African lawyers about the importance of digital arbitration. They also expressed their appreciation of the Mizan arbitration center.