This seminar was organized by the division in charge of developing business law programmes (a division of the U.S Department of Trade) in collaboration with the Department of Treasury and External Finance (the Ministry of Economy and Finance). The theme of the seminar was the settlement of disputes involving the state and investors within the framework of the Free Exchange Agreement with the U.S.A.
The seminar, held from the 21st to the 23rd of April ,2008 at the headquarters of the Ministry of Economy and Finance, was part of the technical assistance provided to Morocco by the U.S government, to accompany the implementation of the Free Exchange Agreement.
The panel sessions moderated by three international experts addressed three issues:
1) Providing protection for the investment project as well as for the investor;
2) Procedures of arbitration state- investor as laid out by the International Centre of Dispute Settlement relating to Investment (CIRDI);
3) The measures to take in case of recourse to international arbitration case study of a dispute settlement within the framework of the Exchange agreement, (Investment Chapter).
Participants in this seminar included representatives of the Ministry of Economy and Finance, other ministerial departments, state-owned institutions as well as investment centres and members of the legal profession, banking and the business community. An executive member of the Moroccan Highway Office presented a case of litigation involving Morocco and an Italian construction company before the International Centre of Dispute Settlements relating to Investment. The case was raised following the completion of a highway construction project by this Italian company.
The seminar proceedings raised an engaging debate which gave the participants a better understanding of the scale of commitments made by Morocco within the investment chapter. The debate also enabled participants to have a better grasp of the mechanisms of dispute settlement provided for in the Agreement.
The experts made recommendations towards an efficient organization in handling potential requests for international arbitration.