Justice after the crisis The administration of justice is paralyzed like all vital sectors of the economy of almost the entire planet because of the Coronavirus pandemic. More particularly, commercial and administrative justice which actively participate in the development and growth of the country. The continuity of socio-economic life has always depended on good justice: active, permanent and expeditious.
The administration of justice is paralyzed like all vital sectors of the economy of almost the entire planet because of the Coronavirus pandemic. More particularly, commercial and administrative justice which actively participate in the development and growth of the country. The continuity of socio-economic life has always depended on good justice: active, permanent and expeditious.
* By Abderrahim Qanir
Unfortunately, the advent of this pandemic and the health protection measures decreed by all nations have unwittingly paralyzed the economic machine of the planet in the interest of saving the lives of citizens.
This initiative is obviously noble, but it will have serious consequences after the lifting of sanitary confinement and the return of public life to normal.
However, this crisis will have enormous repercussions on the economic and social relations of society. Many citizens and economic and financial entities will go to public justice to seek damages for damages caused by each other.
These appeals will be added to all the cases pending before the courts which are put on stand-by because of this unpredictable situation.
Among the complaints that will be filed, there will be a large part for force majeure due to this coronavirus pandemic. Fortuitous or rebel sic stantibus cases that govern contracts, private or public, will no longer be valid, which forces decision-makers to adopt exceptional permanent or transitional measures to decongest public justice and avoid saturation and Chaos.
These measures, which many nations have already adopted and others are in the process of decreeing, consist in the settlement of economic and social disputes through mediation and arbitration.
We must take advantage of this opportune and auspicious moment to popularize the use of private justice in order to settle minor disputes that saturate the courts and disturb public justice.
The latter, greatly lacking in human and logistical means that the State will no longer be able to assume in the short term, especially since it will henceforth have a great responsibility in directing public budgets towards the health sector and safeguarding the lives of citizens as the first priority.
To do this, it will be necessary to enact pragmatic measures with the aim of directing disputes towards private justice, which has been favored since the Roman era to settle disputes between citizens amicably and in a flexible manner.
The Arbitrator and the Arbitral Institution do not, strictly speaking, exercise the function of public justice. It is only a method of dispute resolution agreed by citizens to resolve their disputes and conflicts voluntarily, under guardianship and under the control of the law.
The function of dictating an arbitral award also constitutes a public interest, since it has the same objective and is endowed with the same legal force “res judicata” as the decisions dictated by the magistrates.
Thus, the United Nations Model Laws of 1985, amended in 2006 and adopted by almost all the Nations of the planet, and the NY Convention of 1958 for the Recognition of International Arbitral Awards have decided to do so.
The arbitral award is equivalent to a judicial award, provided that it respects the formal and public order procedures of the States signatory to these Conventions.
Notwithstanding, private justice will further assert Morocco as a credible country, worthy of trust with foreign investors and various economic and financial actors and will consolidate its image internationally as an open and democratic country.
King Mohammed VI, aware of the importance of justice as a lever for economic and social development, underlined this in his message to the participants of the 2nd International Conference on Justice last October in Marrakech, under the theme " Justice and Investments: Challenges and Issues ”.
This choice highlights the awareness of the importance of investment as a lever for development, and testifies to the crucial role that justice plays in driving economic growth.
Aware of the role of private justice in the country's economic growth, the Sovereign recalled:
"In this regard, in our speech given in 2009, on the occasion of the King and People's Revolution, we had already stressed the need to develop alternative judicial methods, such as mediation, arbitration and conciliation. Likewise, in our message to the first edition of your Conference, we had, among other orientations, called for an institutionalization of alternative methods of dispute resolution ".
* By Abderrahim Qanir
Unfortunately, the advent of this pandemic and the health protection measures decreed by all nations have unwittingly paralyzed the economic machine of the planet in the interest of saving the lives of citizens.
This initiative is obviously noble, but it will have serious consequences after the lifting of sanitary confinement and the return of public life to normal.
However, this crisis will have enormous repercussions on the economic and social relations of society. Many citizens and economic and financial entities will go to public justice to seek damages for damages caused by each other.
These appeals will be added to all the cases pending before the courts which are put on stand-by because of this unpredictable situation.
Among the complaints that will be filed, there will be a large part for force majeure due to this coronavirus pandemic. Fortuitous or rebel sic stantibus cases that govern contracts, private or public, will no longer be valid, which forces decision-makers to adopt exceptional permanent or transitional measures to decongest public justice and avoid saturation and Chaos.
These measures, which many nations have already adopted and others are in the process of decreeing, consist in the settlement of economic and social disputes through mediation and arbitration.
We must take advantage of this opportune and auspicious moment to popularize the use of private justice in order to settle minor disputes that saturate the courts and disturb public justice.
The latter, greatly lacking in human and logistical means that the State will no longer be able to assume in the short term, especially since it will henceforth have a great responsibility in directing public budgets towards the health sector and safeguarding the lives of citizens as the first priority.
To do this, it will be necessary to enact pragmatic measures with the aim of directing disputes towards private justice, which has been favored since the Roman era to settle disputes between citizens amicably and in a flexible manner.
The Arbitrator and the Arbitral Institution do not, strictly speaking, exercise the function of public justice. It is only a method of dispute resolution agreed by citizens to resolve their disputes and conflicts voluntarily, under guardianship and under the control of the law.
The function of dictating an arbitral award also constitutes a public interest, since it has the same objective and is endowed with the same legal force “res judicata” as the decisions dictated by the magistrates.
Thus, the United Nations Model Laws of 1985, amended in 2006 and adopted by almost all the Nations of the planet, and the NY Convention of 1958 for the Recognition of International Arbitral Awards have decided to do so.
The arbitral award is equivalent to a judicial award, provided that it respects the formal and public order procedures of the States signatory to these Conventions.
Notwithstanding, private justice will further assert Morocco as a credible country, worthy of trust with foreign investors and various economic and financial actors and will consolidate its image internationally as an open and democratic country.
King Mohammed VI, aware of the importance of justice as a lever for economic and social development, underlined this in his message to the participants of the 2nd International Conference on Justice last October in Marrakech, under the theme " Justice and Investments: Challenges and Issues ”.
This choice highlights the awareness of the importance of investment as a lever for development, and testifies to the crucial role that justice plays in driving economic growth.
Aware of the role of private justice in the country's economic growth, the Sovereign recalled:
"In this regard, in our speech given in 2009, on the occasion of the King and People's Revolution, we had already stressed the need to develop alternative judicial methods, such as mediation, arbitration and conciliation. Likewise, in our message to the first edition of your Conference, we had, among other orientations, called for an institutionalization of alternative methods of dispute resolution ".
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