Contract Enforcement in Morocco: Guide for Foreign Companies

Morocco’s Commercial Court System

Morocco operates specialised commercial courts (tribunaux de commerce) under Law No. 53-95 with exclusive jurisdiction over commercial disputes, company law, and insolvency proceedings. Interim measures available via juge des référés (CPC Arts. 148–154).

Arbitration: The Preferred Route for Cross-Border Disputes

Morocco’s arbitration framework was modernised by Law No. 95-17 (June 2022). Key features: full party autonomy on seat, language, and applicable law; interim measures available; both ICC and ad hoc arbitration permitted; enforcement aligned with New York Convention (Arts. 78–85).

Recommendation: For German-Moroccan transactions, ICC arbitration with a neutral seat is strongly preferred — no bilateral enforcement treaty exists between Germany and Morocco for court judgments.

Limitation Periods

General civil claims: 15 years (DOC Art. 387). Commercial obligations: 5 years (Commercial Code Art. 5). Insurance claims: 2 years. Limitation dates must be calendared — they are strictly applied.

Enforcement of Foreign Judgments (Exequatur)

Foreign judgments require exequatur before Moroccan courts. Requirements: proper jurisdiction, final and enforceable judgment, parties properly summoned, no conflict with Moroccan public policy, no prior inconsistent Moroccan judgment. Morocco has bilateral treaties with France and Spain but not Germany.

Enforcement of Arbitral Awards

Morocco is signatory to the 1958 New York Convention. Moroccan courts generally favour enforcement of international arbitral awards under Law No. 95-17.

Practical Checklist

Before signing: Include governing law clause; draft ICC arbitration clause; specify language and number of arbitrators.

During performance: Document everything in writing; monitor limitation periods; consider mediation before escalating.

In dispute: Act promptly; secure interim measures early; engage local counsel.

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