Can the parties agree to arbitration after the dispute has arisen?

Yes, through a submission agreement: a written agreement concluded after the dispute has arisen, by which the parties decide to submit it to arbitration.

What happens if a party goes to court anyway?

A judge seised of a dispute covered by an arbitration agreement must decline jurisdiction if the other party so requests. This objection must be raised at the very start of the proceedings.

Do you need a lawyer to draft an arbitration clause?

It is not mandatory, but a poorly drafted clause may be unworkable or open a dispute over jurisdiction. Having a lawyer review it during the negotiation costs far less than that litigation.

Drafting an arbitration clause in Morocco: the points not to overlook

An arbitration clause is the provision by which the parties to a contract undertake to submit to arbitration any disputes that may arise from that contract. Drafted in haste, it triggers a debate on jurisdiction before the merits are even examined. Drafted carefully, it gives access to a fast, confidential procedure suited to the dispute.

By Maître Mouad Lahfaia, lawyer at the Rabat Bar · Updated 14 October 2026 · 5 min read

What the law requires

The arbitration agreement must be in writing: in the contract itself, in a document to which it refers, or through an exchange of correspondence, including electronic correspondence (Law No. 95-17).
It may only cover disputes capable of arbitration: matters of personal status and legal capacity and rights that cannot be freely disposed of are excluded.
For legal persons governed by public law, arbitration is available for contractual disputes, except for excess of power and tax matters.

What to provide for

The scope: "any dispute arising out of or in connection with this contract", to avoid debate about what is covered.
The choice between institutional and ad hoc arbitration: designating an arbitration centre and its rules simplifies the constitution of the tribunal and the conduct of the proceedings.
The number of arbitrators, one or three, and how they are appointed.
The seat of the arbitration, which determines the court competent for exequatur and for an application to set aside.
The language of the proceedings and the law applicable to the substance of the contract.
Where appropriate, a prior negotiation or mediation step, with a precise time limit so that it does not hold up the arbitration.

Common mistakes

A clause that designates an arbitration centre that does not exist or is wrongly named, or that wavers between arbitration and the courts.
Omitting the seat or the language, leaving them to the arbitral tribunal at the cost of additional fees and delays.
An arbitration clause in the main contract contradicted by a jurisdiction clause in the amendments or the general terms and conditions.
A prior mediation step with no time limit, which the other party invokes to delay the proceedings.

How the firm can help

Maître Mouad Lahfaia drafts or reviews your arbitration clauses while the contract is being negotiated. If a dispute arises, he represents you before the arbitral tribunal, and then before the competent courts for the exequatur or annulment of the award.

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.