Jurisdiction
- Actions relating to commercial contracts, negotiable instruments, disputes between partners and businesses (fonds de commerce) (Art. 5).
- Jurisdiction at first and last instance for claims whose principal amount does not exceed 20,000 dirhams (Art. 6).
- The parties may agree to submit disputes falling within the jurisdiction of the Commercial Court to arbitration (Art. 5).
- Territorial jurisdiction: the defendant's domicile or, for contracts, the place where the contract was concluded or performed (Art. 10).
Procedure
- Representation by a lawyer is mandatory (Art. 13).
- The President of the Commercial Court rules in summary proceedings and issues payment orders based on commercial instruments (Arts. 21 and 22).
- Time limit for appeal of fifteen days from service of the judgment (Art. 18).
Key articles
Art. 5
« The Commercial Courts have jurisdiction to hear actions relating to commercial contracts, actions between traders in connection with their commercial activities, actions relating to negotiable instruments, disputes between partners of a commercial company and disputes relating to businesses (fonds de commerce). »
Art. 6
« The Commercial Courts have jurisdiction to hear at first and last instance claims whose principal amount does not exceed twenty thousand dirhams and, at first instance, all claims of a higher value. »
A lawyer's points to watch
- The time limit for a commercial appeal (15 days) is shorter than the civil time limit (30 days).
- A private individual may sue a trader before the Commercial Court; the trader cannot impose that court on a non-trader.
The English text on this page, including the quoted articles, is an unofficial translation. Information sheet prepared by Maître Lahfaia Law Firm, Rabat. It does not constitute legal advice. Only the text published in the Official Bulletin of the Kingdom of Morocco is authoritative; the articles cited may have been amended since this sheet was written.