International Commercial Arbitration at Morocco

International Commercial Arbitration in Morocco

Morocco is a prominent arbitration-friendly jurisdiction in North Africa and the MENA region. It has developed a solid legal framework and institutional support for international commercial arbitration. Here's an overview:

⚖️ Legal Framework

Moroccan Arbitration Law (Law No. 05-08, enacted in 2011)

Morocco's arbitration legislation is modern and based on the UNCITRAL Model Law principles.

It governs both domestic and international arbitration seated in Morocco.

The law emphasizes party autonomy, limited court intervention, and streamlined procedures.

New York Convention (1958)

Morocco is a signatory to the 1958 New York Convention, facilitating recognition and enforcement of foreign arbitral awards.

Bilateral and Multilateral Treaties

Morocco has entered into various investment treaties and trade agreements supporting arbitration and dispute resolution.

🏛️ Arbitration Institutions

Moroccan Center for Arbitration and Mediation (CMAM)

The leading institution for administering arbitration and mediation in Morocco.

Provides arbitration rules, panel of arbitrators, and administrative support.

Organizes training and promotes ADR (alternative dispute resolution).

International Arbitration Use

Parties frequently use international arbitration bodies like the ICC or CAS (Court of Arbitration for Sport) for international commercial disputes.

🌍 Why Choose Morocco for Arbitration?

Strategic location as a gateway between Africa, Europe, and the Middle East.

Multilingual legal environment (Arabic, French, and increasingly English).

Pro-arbitration judiciary that supports enforcement and respects arbitration agreements.

Modern and clear arbitration law aligned with international standards.

Growing expertise among arbitrators familiar with international commercial law.

📝 Common Arbitration Sectors

Infrastructure and construction

Energy and mining

Banking and finance

Trade and commerce

Real estate and tourism

✅ Practical Notes

Moroccan courts generally uphold arbitration agreements and enforce awards expeditiously.

Arbitration proceedings can be conducted in multiple languages, especially French and Arabic.

Confidentiality is protected under Moroccan arbitration law.

Morocco encourages the use of arbitration to attract foreign investment and resolve cross-border disputes efficiently.

 

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