Arbitration in Morocco has become an increasingly popular mechanism for resolving commercial and investment disputes, especially with the country's growing integration into the global economy. Morocco’s legal and institutional framework for arbitration reflects a progressive approach, drawing on both civil law traditions and international standards. With the country’s strategic location in North Africa and its drive to attract foreign investment, Morocco has worked to enhance its arbitration regime to ensure efficiency, fairness, and neutrality in resolving disputes.
Arbitration in Morocco is governed by the Civil Procedure Law No. 1-74-447 of 28 September 1974, as specifically amended by Law No. 08-05 enacted on 30 November 2007 (“CPL”).
The recent amendment to the CPL has focused on developing the regulation that governs arbitration, which are located under:
• Articles 306 to 327-25 set out the general framework for arbitration;
• Articles 327-26 to 327-38 govern the enforcement of arbitration judgments;
• Articles 327-39 to 327-54 govern international arbitration; and
• Articles 327-55 to 327-69 govern mediation.
These provisions aimed mainly at respecting the parties’ agreement to arbitrate and for the recognition of national and international arbitration in Morocco.
The articles are successful in developing arbitration and providing a comprehensive platform for the parties’ agreement to arbitrate.
This law is mainly based on the UNCITRAL Model Law on International Commercial Arbitration, bringing Morocco’s arbitration laws in line with international standards. This framework governs domestic and international arbitration and applies to commercial and civil matters.
NEW YORK CONVENTION, 1958
Date of accession: 12 February 1959.
Entryintoforcefor: 7 June 1959.
"The Government of His Majesty the King of Morocco will apply the Convention to the recognition and enforcement of awards made only in the territory of another Contracting State."
Key features of Morocco’s arbitration law include:
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Party autonomy: Parties have the freedom to select arbitrators, choose the procedural rules, and determine the applicable law governing the dispute.
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Competence-competence principle: Arbitral tribunals have the authority to rule on their own jurisdiction, including any objections regarding the existence or validity of the arbitration agreement.
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Minimal judicial intervention: Moroccan courts have a supportive role, with limited grounds for interference in the arbitration process, in line with international arbitration best practices.
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Enforceability of arbitral awards: Domestic arbitral awards can be enforced without significant judicial oversight, while foreign arbitral awards are recognized under the New York Convention.
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In Morocco, institutional arbitration is primarily facilitated by the Casablanca International Mediation and Arbitration Centre (CIMAC), which was established in 2016. CIMAC aims to position Morocco as a regional hub for arbitration in North and West Africa, offering both ad hoc and institutional arbitration services.
Key features of CIMAC:
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It provides a framework for international arbitration, with rules that are aligned with the UNCITRAL Arbitration Rules.
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It allows for proceedings