The Third Dialogue Session of the Arbitration Forum Titled: "Arbitration Clause in Insurance Contracts from The Perspective of Moroccan and Palestinian Legislation"
ACT Conflict Resolution held the third dialogue session of the Arbitration Forum, on Wednesday, 02/15/2023, under the title: "Arbitration Clause in Insurance Contracts from The Perspective of Moroccan and Palestinian Legislation." This webinar stems from ACT's belief in the importance of highlighting the legal problems related to the issue of arbitration, as an aleternative mean of dispute resolution, for the purposes of finding appropriate solutions and developing and promoting the subject of arbitration among members of society.
ACT Conflict Resolution hosted in this Arbitration Forum - via zoom- Dr. Youssef Nasri from the Kingdom of Morocco, who is a legal advisor, certified arbitrator, research professor, and head of the International Advisory Board for Arbitration and Legal Studies - Kingdom of Morocco. He is also the Director General of the Moroccan Systems Foundation. The webinar also welcomed Dr. Reem Sawafta from Palestine, who is a certified arbitrator from The Palestinian Ministry of Justice, the representative of Palestine at the International Center for Dispute Resolution ICDR, a lecturer at An-Najah University, a member of the Encyclopedia of Arab-African Economic Integration, and ambassadors of peace in Palestine. This dialogue session was both prepared and moderated by Adv. Heba Thouqan from Palestine in the presence of 82 participants from various Arab countries.
In this dialogue, several questions were answered, the most important of which were: clarifying the concept of the insurance contract and the disputes that arise from this contract, and then addressing the validity of including the arbitration clause in insurance contracts within the general conditions of the insurance policy, and highlighting the need for the arbitration clause to be separately On the general conditions, all of this from the perspective of the Palestinian and Moroccan legislation. The jurisprudential opinions related to the fact that the insurance contract is one of the contracts of compliance or not, and its relationship to the arbitration clause, and whether it falls under arbitrary conditions, in addition to the impact of the arbitration clause on both the beneficiary and third parties, were discussed. The concept of third parties was clarified according to each type. Among the types of insurance contracts and the impact of the arbitration clause contained in the insurance policy on them and many other questions, with reference to the most important jurisprudence on the subject.
At the end of the session, we concluded that both the Palestinian legislation and the Moroccan legislation made the arbitration clause included in the general conditions in the insurance policy an invalid condition and the need for the arbitration clause to be separately and emphasizing the importance of arbitration in resolving disputes by quickly deciding and adjudicating the dispute arising in the insurance contract Compared to resorting to the judiciary and many other advantages.
The presence of participants from various Arab countries, including jurists, researchers, arbitrators, and those interested in the field of arbitration, had a great impact on the success and distinction of this dialogue session by raising many questions that led to enriching this session with many important opinions and new topics that we will seek to shed more light on. Thank them for their presence and interest.
We note that the ACT Conflict Resolution organizes a dialogue session on a monthly basis through the Arbitration Forum to highlight many issues and problems related to arbitration as an alternative means of resolving disputes.
Link to watch the full session: