Morocco - Arbitration Law and Practice in Africa
Originally from Arbitration Law and Practice in Africa
I. INTRODUCTION: ARBITRATION IN MOROCCO HISTORY AND INFRASTRUCTURE
A. History and Current Legislation on Arbitration
1. Historical evolution of law relating to arbitration
Formal arbitration is a mode of dispute resolution that exists in Morocco since the end of the 17th century. Indeed, in 1693, the Sultan Moulay Ismael of the Cherifien Empire of Morocco and the French king Louis XIV concluded a bilateral treaty called the bilateral treaty of Saint Germain which provided that arbitration will be the mode of resolution of any potential dispute related to foreigners visiting Morocco. This was the official beginning of arbitration in Morocco.
The legal framework of arbitration was established during the French protectorate in Morocco, specifically on August 12th, 1913 when the first Moroccan Civil Procedure Code (“CPC”) was adopted. This initial code was replaced by the adoption of a new Code of Civil Procedure on September 28th, 1974. The provisions of the latter are still applicable in Morocco. However, the section related to arbitration and mediation has been profoundly modified by the adoption of a new law, the law O8-05 of November 30th, 2007 . This new law amended the former arbitration provisions and established a complete new set of regulation on domestic and international arbitration.