Arbitration - Investing into North African Solar Power - page 114

2.6 Arbitration and Islamic Countries

After finding the suitable arbitration courts for the Desertec Concept, the accep-
tance of international arbitration within Morocco and the MENA region is impor-
tant. If MENA countries do not accept the verdict of international arbitration
institutions, it would be useless to conclude any such agreement. Furthermore,
the problem of public policy remains. Public policy can be a serious problem for a
functional arbitration, especially in countries with an Islamic background.

2.6.1 Morocco and Arbitration

The UNCITRAL CAR led to a harmonization of arbitration rules within the
Maghreb countries. 532 In 2007, Morocco adopted the UNCITRAL CAR, with
only few changes. 533 Morocco was also one of the first Maghreb countries to
adopt the NY Convention. 534 Furthermore, in 1978 Morocco was the first country
to be sued according to the ICSID Convention in the case Holiday Inns v Morocco
(ICSID, ARB/72/1). In general, Maghreb countries try to solve their disputes with
foreign investors in an amicable manner. 535 As mentioned above, Moroccan law is
closely related to French law. An increase in strict interpretations of the Koran and
Shari

a. 536 This

a makes it still important to understand the concepts of the Shari

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can be done by examining the Moroccan arbitration laws and the Shari a to fully

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understand Morocco s attitude towards international arbitration.

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2.6.2 Arbitration and Shari ' a

First of all, a closer look at the Shari a is necessary to find the general attitude to

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arbitration. Although the Shari a is not directly applicable to the law in Morocco, it

still plays a major role because of its sacred status. Furthermore, some MENA states
which may be possible Desertec partners in the future rely heavily on the Shari

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a.

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532 Ouerfelli ( 2008 ), 241 (243).
533 Ouerfelli ( 2008 ), 241 (243); Taarji et al. ( 2011 ), 11.
534 Taarji et al. ( 2011 ), 11; Mernissi ( 2002 ), 179 (179); Ouerfelli ( 2008 ), 241 (244).
535 Ouerfelli ( 2008 ), 241 (247).
536 Kutty ( 2006 ), 565 (568).