Arbitration in Morocco: Drafting Clauses and Enforcing Awards
Legal Framework
Morocco modernized its arbitration regime with Law No. 95-17 on Arbitration and Conventional Mediation, published in the Official Bulletin on June 13, 2022, repealing and replacing the former Title VIII of the Code of Civil Procedure (Articles 306–327-70). Law 95-17 consolidates in a single statute the rules governing domestic arbitration, international arbitration, and conventional mediation, drawing substantially on the UNCITRAL Model Law while preserving certain specificities of Moroccan procedural tradition.
The statute is organized into two principal books: Book I addresses domestic arbitration (Articles 1–56), and Book II addresses international arbitration (Articles 57–88). A separate title covers mediation. Morocco is also a party to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, which it ratified in 1959, as well as numerous bilateral judicial cooperation agreements relevant to award enforcement.
Domestic vs. International Arbitration
Under Article 57 of Law 95-17, arbitration is "international" when it involves the interests of international commerce—regardless of the nationality or domicile of the parties. This functional criterion is broadly interpreted: a transaction crossing borders, involving a foreign investment, or implicating international supply chains will typically qualify.
The distinction matters primarily for enforcement and annulment. Domestic awards are subject to the annulment regime of Articles 46–56, while international awards rendered in Morocco follow the specific provisions of Articles 80–88. Foreign awards (rendered outside Morocco) are enforced through the exequatur procedure under Articles 82–84, subject to the New York Convention.
Drafting Effective Arbitration Clauses
A well-drafted arbitration clause for use in Morocco should address the following elements:
Seat of Arbitration. The seat determines the procedural law (lex arbitri) and the competent court for annulment or assistance. Choosing Casablanca or Rabat seats the arbitration under Moroccan law and gives jurisdiction to the Moroccan courts for set-aside proceedings. If the seat is abroad, Moroccan courts will treat the award as foreign for enforcement purposes.
Language. Morocco's official languages are Arabic and Amazigh, with French widely used in business. Parties should specify the language of the arbitration expressly to avoid disputes. In international transactions, English or French are common choices.
Arbitral Institution. The primary Moroccan institution is the Centre International de Médiation et d'Arbitrage de Casablanca (CIMAC). For higher-value cross-border disputes, parties frequently designate the ICC International Court of Arbitration, with a Moroccan seat. Ad hoc arbitration under UNCITRAL Rules is also common. The clause should name the institution and its rules unambiguously.
Governing Law. The clause should distinguish the law governing the substance of the dispute (applicable substantive law) from the law governing the arbitration agreement and procedure (typically determined by the seat). Where the contract is governed by Moroccan law, the Dahir des Obligations et Contrats (DOC) applies to the merits.
Number of Arbitrators. Law 95-17 requires an odd number of arbitrators (Article 14). Most institutional clauses provide for a sole arbitrator (lower-value disputes) or a panel of three.
Model Clause Example:
"Any dispute arising out of or in connection with this contract shall be finally settled by arbitration under the Rules of [CIMAC / ICC] by [one / three] arbitrator(s) appointed in accordance with those Rules. The seat of arbitration shall be Casablanca, Morocco. The language of the arbitration shall be [French / English]. The substantive law governing this contract shall be Moroccan law."
The Arbitral Procedure
Under Law 95-17, the arbitral tribunal has wide discretion to conduct proceedings, subject to due process and equality of the parties (Article 22). Key procedural features include:
Competence-competence: The tribunal may rule on its own jurisdiction, including objections to the existence or validity of the arbitration agreement (Article 20).
Arbitrability: Most commercial matters are arbitrable. However, disputes relating to personal status, public policy (ordre public), and matters involving the state or public entities require special authorization [VERIFY: specific conditions under Article 2 for public entities].
Time limits: Unless agreed otherwise, the tribunal must render its award within six months from the date the last arbitrator accepted the appointment (Article 34) [VERIFY: confirm duration and starting point under Law 95-17].
Confidentiality: Deliberations are confidential. Parties may agree to extend confidentiality to the entire proceedings.
Enforcement of Domestic Awards
A domestic arbitral award becomes enforceable upon obtaining an exequatur order from the President of the Commercial Court with jurisdiction over the seat of arbitration (Article 42). The court does not review the merits; it verifies that the award is not manifestly contrary to public policy and that the arbitration agreement is valid. The order is typically granted within days of the application.
Enforcement of Foreign Awards (Exequatur and New York Convention)
Foreign arbitral awards—rendered outside Morocco—are enforced pursuant to Articles 82–84 of Law 95-17 and the New York Convention. The applicant files the original award and the arbitration agreement (or certified copies) before the President of the Commercial Court of Casablanca [VERIFY: whether jurisdiction is concentrated in Casablanca or at the domicile of the party against whom enforcement is sought].
Grounds for Refusal. Consistent with Article V of the New York Convention, Moroccan courts may refuse enforcement where:
The arbitration agreement is invalid under the applicable law;
The respondent was not given proper notice or was unable to present its case;
The award deals with matters beyond the scope of the arbitration agreement;
The composition of the tribunal or the procedure was irregular;
The award has not yet become binding or has been set aside at the seat; or
The subject matter is not arbitrable under Moroccan law, or enforcement would violate Moroccan public policy.
Annulment Risk (Article 83). An award rendered in Morocco in an international arbitration may be set aside under Article 83 on limited grounds mirroring those above. Notably, Moroccan courts have historically interpreted ordre public international narrowly in commercial matters, but practitioners should be aware that mandatory provisions of Moroccan economic law (competition, foreign exchange, real estate) may be invoked.
Interim and Conservatory Measures
Under Article 24 of Law 95-17, the arbitral tribunal may order interim or conservatory measures unless the parties have agreed otherwise. In urgent cases prior to or during the constitution of the tribunal, parties may apply to the President of the competent court for provisional measures without this constituting a waiver of the arbitration agreement (Article 25) [VERIFY: precise article number].
Practical Recommendations for Foreign Companies
Specify the institution and rules explicitly. Pathological clauses—those naming a non-existent institution or contradictory rules—are a frequent source of delay in Morocco.
Consider a Moroccan seat for local enforcement efficiency. Awards rendered in Morocco benefit from a simpler exequatur procedure and avoid New York Convention formalities.
Account for language requirements. If the award is in English, a sworn translation into Arabic will be required for enforcement before Moroccan courts.
Include a waiver of sovereign immunity if contracting with a Moroccan public entity, and verify that the entity has obtained the necessary governmental authorization to arbitrate.
Monitor time limits. The six-month default period (art. 48, Law 95-17, running from the last arbitrator's acceptance of appointment) can be extended by agreement but failure to render within time may constitute an annulment ground.
Engage local counsel early. Moroccan procedural formalities for exequatur filings and annulment proceedings require familiarity with the Commercial Court registry practice.
This article is intended as general guidance and does not constitute legal advice. Provisions marked should be confirmed against the current text of Law 95-17 as published in the Official Bulletin.