Arbitration
- The arbitration agreement (arbitration clause or submission agreement) must be in writing; it removes jurisdiction over the merits of the dispute from the state courts.
- The parties choose impartial and independent arbitrators, the seat, the language and the applicable rules, or refer the matter to an institution (Rabat Mediation and Arbitration Centre, CIMAR, ICC).
- The award has the force of res judicata; it is enforced after an exequatur order from the president of the competent court.
- An action to set aside is limited to specific cases: no arbitration agreement, irregular composition of the tribunal, arbitrators exceeding their mandate, breach of public policy.
Contractual mediation
- The parties appoint a mediator to help them reach an agreement; the procedure is confidential and suspends limitation periods.
- The mediation agreement, signed by the parties, has the force of res judicata between them and can be granted exequatur.
- Mediation is particularly well suited to disputes between partners, long-term supplier-customer relationships and construction disputes.
Choosing the right route
Arbitration suits high-value, international or technical disputes; the Commercial Court remains relevant for straightforward debt recovery and protective measures. The firm drafts clauses, represents its clients before arbitral tribunals and obtains exequatur or the setting aside of awards before the courts of Rabat.
This guide is provided for general information by Maître Lahfaia Law Firm, Rabat. It is no substitute for advice tailored to your situation; the rules and deadlines mentioned may change.