Arbitration in Morocco
A structured, confidential procedure adapted to the resolution of commercial, contractual, and international disputes.
Domestic & International Arbitration
- Confidentiality
- Choice of arbitrators
- Arbitral award
What is arbitration?
Arbitration is a jurisdictional method of dispute resolution. It consists of submitting a dispute, by contractual agreement, to an arbitral tribunal composed of one or more arbitrators, who decide the dispute by rendering an arbitral award.
Why use arbitration?
Arbitration allows the parties to organize a procedure adapted to the nature of their dispute, with a high level of confidentiality and flexibility.
More flexible procedure
A procedure organized according to the needs of the dispute and the rules agreed by the parties.
Choice of arbitrators
The parties may appoint arbitrators with expertise adapted to the field of the dispute.
Confidentiality
Exchanges, documents, and sensitive information may be handled within a confidential framework.
Choice of language
The language of the procedure may be adapted to the contractual and international context.
Choice of seat
The seat of arbitration may be chosen according to the desired legal framework.
Applicable law
The parties may determine the law applicable to the resolution of their dispute.
Arbitral award
The procedure results in an arbitral award, whose effects depend on the applicable framework and exequatur where required.
How does an arbitration procedure work?
Arbitration agreement
The parties agree to submit their dispute to arbitration, usually through an arbitration clause or a submission agreement.
Constitution of the arbitral tribunal
One or more arbitrators are appointed according to the procedures agreed by the parties or provided by the applicable rules.
Organization of the procedure
The timetable, language, exchanges, and practical arrangements are established to ensure a structured procedure.
Examination of the dispute
The parties present their arguments, documents, and submissions while respecting the rights of defense.
Arbitral award
The arbitral tribunal renders an award at the end of the procedure, according to the applicable framework.
A Moroccan framework modernized by Law 95-17
Law 95-17, which entered into force on 13 June 2022, modernizes arbitration and conventional mediation in Morocco. It contributes to creating an autonomous, flexible framework aligned with international standards, while strengthening legal certainty for parties and investors.
The information published on this website is provided for informational purposes and does not constitute legal advice.
What the framework brings
- Autonomy of the legal framework for arbitration
- Domestic and international arbitration
- Possibility of electronic exchanges
- Flexibility of the arbitration agreement
- Respect for the rights of defense
- Adaptation to the needs of economic actors
The arbitral award
At the end of its mission, the arbitral tribunal renders a decision called an arbitral award. When it is granted exequatur, it may produce effects comparable to those of a judgment, in accordance with the applicable framework.
The arbitral award is the culmination of the procedure and must be rendered in compliance with the applicable rules, the rights of defense, and the terms agreed by the parties.
For cross-border disputes, also discover our approach to international arbitration.
When to consider arbitration?
Arbitration may be considered in particular in the following situations, depending on the nature of the contract, the parties' intention, and the applicable legal framework.
Are you considering an arbitration procedure?
Contact IIAM to present your situation and obtain information on the procedure adapted to your dispute.