Arbitration Law in Morocco
rbitration in Morocco is governed by Law No. 95-17 related to arbitration and mediation, which was adopted in 2022 and published in the Official Gazette in 2023. This law replaces and updates previous provisions found in the Moroccan Code of Civil Procedure.
Key Aspects of Moroccan Arbitration Law:
Legal Framework
- Law No. 95-17 regulates both domestic and international arbitration in Morocco.
- Morocco is a signatory to the New York Convention (1958), which facilitates the recognition and enforcement of foreign arbitral awards.
- The law aligns with UNCITRAL Model Law, ensuring that Moroccan arbitration practices conform to international standards.
Types of Arbitration
- Domestic Arbitration: Conducted within Morocco and governed strictly by Moroccan law.
- International Arbitration: If the dispute involves international elements (e.g., parties from different countries, performance of contract abroad, foreign law governing the contract).
Arbitration Agreement
- Must be in writing.
- Can be included as a clause in a contract or as a separate arbitration agreement.
- Courts generally respect and enforce valid arbitration agreements, except in cases of fraud, duress, or incapacity.
Arbitral Tribunal
- Parties are free to appoint arbitrators, who must be independent and impartial.
- If no agreement is reached on the number of arbitrators, the default rule is three arbitrators.
- Moroccan law allows for the appointment of foreign arbitrators.
Conduct of Arbitration
- Parties have the right to determine arbitration procedures, including language and rules.
- If no specific rules are agreed upon, Moroccan arbitration law applies.
- The tribunal must ensure fairness, equal treatment, and respect for due process.
Interim Measures & Judicial Assistance
- Arbitral tribunals can grant interim measures (e.g., freezing assets, ordering security).
- Moroccan courts can assist in enforcing these measures if needed.
Arbitral Awards
- Must be in writing, signed by arbitrators, and provide reasons unless parties agree otherwise.
- Awards are final and binding.
- Can be challenged in Moroccan courts only on limited grounds (e.g., lack of jurisdiction, violation of due process, or contradiction with public policy).
Recognition & Enforcement
- Domestic and international arbitral awards can be enforced in Moroccan courts.
- Courts can refuse enforcement if the award violates Moroccan public policy or international treaties.
Key Arbitration Institutions in Morocco
- ICC Morocco (International Chamber of Commerce Morocco)
- CMAM (Centre Marocain d'Arbitrage et de Médiation)
- Casablanca International Mediation and Arbitration Center (CIMAC) – known for handling commercial disputes.
Conclusion
Morocco has a modern arbitration framework that aligns with international best practices. The 2022 Arbitration Law reinforces Morocco’s position as an arbitration-friendly jurisdiction, particularly for business and investment disputes.
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