Arbitration agreement
- Arbitration clause or submission agreement, which must be in writing, including by electronic exchange (Arts. 3 to 6).
- Disputes relating to contracts entered into by legal persons governed by public law may be submitted to arbitration, except for excess of power and tax matters (Art. 12).
- A judge seised of a dispute covered by an arbitration agreement must decline jurisdiction if a party so requests.
Procedure and award
- The parties freely set the rules; failing that, the arbitral tribunal determines them (Art. 29 et seq.).
- The award is reasoned, signed and rendered within the agreed time limit or, failing that, within six months.
- Exequatur by the President of the competent court; application for annulment within fifteen days of service on limited grounds (no agreement, irregular composition of the tribunal, breach of public policy, etc.).
Conventional mediation
- Written mediation agreement entrusting a third party with facilitating a settlement (Art. 85 et seq.).
- The settlement reached through mediation has the force of res judicata between the parties and may be granted exequatur.
Key articles
Art. 2
« Arbitration is a method of settling disputes by an arbitral tribunal to which the parties entrust, under an arbitration agreement, the task of deciding the dispute between them. »
A lawyer's points to watch
- Draft the arbitration clause precisely: seat, language, number of arbitrators, institution, applicable law.
- Arbitration costs more than court proceedings but remains faster and confidential; it is particularly suited to international contracts.
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.