Arbitration plays a growing role in resolving commercial disputes in Morocco. Since 2025, the Ministry of Justice has published an official list of arbitrators, drawn up under a 2024 decree, and a new call for applications was announced in September 2026. For a company signing a contract or facing a dispute, a practical question arises: should the arbitrator be chosen from this list? Here is what the current framework provides.
The framework: Law 95-17 and the 2024 decree
Law 95-17 on arbitration and conventional mediation took arbitration out of the Code of Civil Procedure and gave it a stand-alone statute. It governs both arbitration, where a third party decides the dispute through an award, and conventional mediation, where a third party helps the parties reach an agreement of their own.
Decree No. 2-23-1119, published in the Bulletin officiel (Official Gazette) on 23 May 2024, sets out how the list of arbitrators is drawn up and the conditions for registration and removal. The criteria include academic training and experience in arbitration. The list therefore gives parties a reference point: profiles whose applications have been reviewed against these criteria.
A first list in 2025, a new campaign in 2026
The first official list was published by the Ministry of Justice in 2025. It contains about 300 names, covering several fields: commercial, civil, family, maritime and real estate, among others. In September 2026, the ministry announced an application system for registration on the list, which confirms that the list is meant to evolve over time.
This forms part of a wider policy in favour of amicable dispute resolution. In June 2026, the ministry reaffirmed its commitment to mediation. The new Code of Civil Procedure, Law 58.25, in force since 24 August 2026, makes conciliation and mediation essential means of settling disputes in its Article 8.
A list that is not exclusive
The key point is that the list is not exclusive. Parties remain free to appoint an arbitrator who is not on it. Registration is a reference point, not a condition for a valid appointment. An arbitration clause that names an arbitrator outside the list, or leaves the appointment to an arbitration centre, is therefore not called into question by the existence of the list.
In practice, the list can be a starting point to identify profiles in a given field, for instance a maritime or real estate dispute. It does not remove the need to check, yourself, the arbitrator's availability, independence from the parties and knowledge of the sector concerned.
How parties choose their arbitrator
The choice of arbitrator is best prepared when the contract is drafted, while relations are still good. Several approaches are common:
- Naming a sole arbitrator in the clause, which is rare because his or her future availability is uncertain.
- Providing that each party appoints one arbitrator and that the two arbitrators jointly choose the chair of the tribunal.
- Leaving the appointment to an arbitration centre whose rules will govern the proceedings.
- Providing a fallback mechanism if a party is slow to appoint its arbitrator.
Drafting a workable arbitration clause
A poorly drafted clause can create a second dispute, about the procedure itself. Our advice: check a few simple points before signing.
Law 66.23 on the legal profession, in force since August 2026, expressly lists arbitration and mediation among a lawyer's activities, alongside legal advice and drafting company documents. Drafting the clause and assisting a party during the proceedings therefore fall within that framework.
- Scope: which disputes are covered (performance, interpretation, termination of the contract).
- The number of arbitrators and how they are appointed.
- The seat of arbitration and the language of the proceedings.
- The choice between institutional and ad hoc arbitration.
- An optional prior step of conventional mediation, with a clear time limit before moving to arbitration.
Sources
- deryany-avocat.com: presentation of Decree No. 2-23-1119 and of the list of arbitrators
- Médias24, 8 May 2025: « Arbitrage : une première liste d'arbitres agréés mais non exclusive »
- Hibapress, 14 September 2026: ministry announces an application system for registration on the list of arbitrators
- L'Opinion, 12 June 2026: ministry reaffirms its commitment to mediation (Law 95.17)
- Médias24, 21 August 2026: « Nouvelle loi sur les avocats : ce qui va concrètement changer »
- Médias24, 10 August 2026: « Nouveau code de procédure civile : ce qui change dès le 24 août »
Maître Mouad Lahfaia
Lawyer at the Rabat Bar
This article reflects the author's views as at the date of publication. It does not constitute legal advice and is no substitute for an analysis of your particular situation.