In a recent address, Mouh Khoya, President of the Commercial Court in Agadir, emphasized the pivotal role of investment as a fundamental driver of development and economic growth. He underscored the significance of creating job opportunities and generating wealth through robust investment frameworks. Khoya stated that the establishment of a genuine economic strength hinges on the encouragement of investment, suggesting that both national and foreign investors are more likely to commit their capital when supported by a clear and effective legislative framework. This framework must encompass business law, tax law, labor law, and a specialized judiciary that ensures swift legal application to safeguard rights.
During his presentation titled "Aspects of Investor Protection Through Business Difficulty Processes" at the Supreme Judiciary Council's pavilion during the International Book and Publishing Fair, Khoya highlighted that the procedures surrounding business difficulties represent one of the notable legislative advancements aimed at addressing investor concerns, whether as creditors or debtors. He pointed out that the provisions in Chapter Five seek to bolster legal security, promote investment, protect businesses, and maintain employment opportunities.
Khoya elaborated that the legislator has established a gradual approach to tackling business difficulties, beginning with internal prevention mechanisms within companies, all while ensuring confidentiality. He also referenced external preventive measures overseen by the court president, including the appointment of a special agent or reconciliation procedures before potentially moving to judicial settlement.
Simultaneously, Samira Zaroud, Deputy President of the Commercial Court of Appeal in Marrakech, addressed the theme of "Judicial Governance in Protecting Investors' Rights." She stressed that the primary goal of such governance is to secure investor rights and protect their investments through the proper application of legal texts and transparency in resolving disputes fairly and without bias among parties involved. Zaroud emphasized that judicial governance is how judges manage their work and authority within the court to achieve justice and efficiency, thereby enhancing investor confidence in the judiciary. She also noted several laws that support and promote investment while ensuring economic security and stability, including the Investment Charter, tax systems, corporate law, arbitration law, mediation, and industrial property protection laws.
Mohamed Mahboubi, a director at the Office of the Public Prosecution, discussed the protective role of the public prosecution in safeguarding industrial property rights and promoting investment. He raised concerns about the state’s ability to protect intellectual property rights broadly and industrial property rights specifically, particularly given the prevalent issues of counterfeiting, piracy, imitation, and unfair competition, which he regards as deterrents to investment.
During his remarks, Mahboubi reiterated the legal protections afforded to industrial property rights, emphasizing that the legislator has prioritized special protection against violations through preventive and judicial safeguards. He highlighted the roles of the public prosecution in the domain of industrial property and its encouragement of investment.
Moreover, Mourad Fadail, an attorney at the Court of Cassation and Director of Translation, Documentation, and Recording at the General Secretariat of the Government, presented on "The Clear and Ambiguous Aspects of Arbitration in Public Contracts." He explained that alternative dispute resolution methods encompass various forms aimed at amicably resolving conflicts to allow for the continuity of relationships among investors, with arbitration being a key contributor to achieving legal security, which is a strategic goal and an irreversible choice.
Samir El Stawi, head of the performance analysis and reporting unit at public prosecution offices, contributed to the discussion by addressing the public prosecution's role in strengthening judicial security in investment disputes. The session concluded with a presentation by Professor Racham Taki, a higher education instructor, who discussed regulating economic public order concerning practices that restrict competition. He titled his address "Market Transparency as a Guarantee for Fair Competition and a Foundation for Economic Public Order," reflecting on the historical context of the state's role in the economy. Taki explained that competition is not an end in itself but a means to achieve three strategic goals: economic growth, resource allocation, and social welfare, which he linked to the necessity of social security and peace for investment.
As reported by hespress.com.
