HIBAPRESS – Abdel Latif Berka
The Faculty of Legal and Political Sciences in Agadir recently hosted the defense of a doctoral thesis submitted by Omar Edmagh, a researcher and lawyer with the bar associations of Agadir, Taroudant, Guelmim, and Laayoune. The thesis, titled "National and International E-Arbitration: A Comparative Study," explored the intricacies of online dispute resolution.
The thesis, supervised by Dr. Bouchra Jdaimi, a professor of higher education at the National School of Commerce and Management in Agadir, falls within the context of the rapid transformations imposed by digitalization on various aspects of life, including the legal field and dispute resolution methods.
In his study, the researcher focused on the specific characteristics of e-arbitration and its ability to adhere to the fundamental principles of arbitration, particularly the independence of the arbitration agreement, the guarantee of defense rights, and the impartiality of the arbitrator. This also included addressing the challenges associated with concluding arbitration agreements through digital means, exchanging electronic memos and evidence, and enforcing arbitral awards issued within this framework.
The thesis adopted a comparative approach to examine legislative and institutional experiences and solutions related to e-arbitration, while highlighting the reality of this field in Morocco and its development prospects, given the increase in digital transactions and the expanding scope of international disputes.
The discussion emphasized that digital transformation necessitates legal and institutional adaptation capable of balancing the flexibility of electronic means with the assurance of legal security and the rights of the parties to the dispute, thereby enhancing confidence in modern arbitration mechanisms.
The defense committee was chaired by Dr. Said Aazzi, a professor of higher education. The committee members included Dr. Zakaria Khalil, a professor of higher education in Marrakech; Dr. El Khalil Mezouaghi, a qualified lecturer in Guelmim; Dr. Fatima Zahra Oaassou, a qualified lecturer in Laayoune; and Dr. Younes Ben Dahman, a qualified lecturer in Agadir.
The defense was attended by a number of professors, researchers, and individuals interested in legal affairs, as well as members of the judiciary, students, and researchers. Following the presentation of the thesis, a scientific discussion was held on its contents and findings.
After deliberating on the researcher's work, the committee decided to accept the thesis and award Omar Edmagh a doctorate degree with the distinction of "Very Good."
This achievement reflects an academic and research journey in a subject of increasing relevance, considering the transformations in the justice system and dispute resolution in light of the rapid transition towards the digital environment.
