Kingdom of Morocco - Chapter 9 - The Practitioner's Guide to Arbitration in the Middle East and North Africa
Amin Hajji, Hajji & Associés Law Firm
A. Arbitration Laws
1. Please identify by title and date the principal laws and regulations governing (i) domestic and (ii) international arbitration in your State.
The Kingdom of Morocco (“KoM”) does not have separate legislation governing domestic and international arbitration. All arbitrations under KoM law are governed by the KoM Civil Procedure Law No. 1-74-447 of 28 September 1974, as specifically amended by Law No. 08-05 enacted on 30 November 2007 (“CPL”). The purpose of the CPL is to govern court proceedings before the Moroccan courts. The very recent amendment to the CPL specifically focused on the regulation that governs arbitration and, moreover, the ones no international arbitration, which was not included under previous CPL sections:
• Articles 306 to 327-25 set out the general framework for arbitration in the KoM;
• Articles 327-26 to 327-38 govern the enforcement of arbitration judgments;
• Articles 327-39 to 327-54 govern international arbitration; and
• Articles 327-55 to 327-69 govern mediation.
These articles respect the parties’ agreement to arbitrate and provide for the recognition of national and international arbitration in the KoM. The articles are sufficiently detailed in order to provide a comprehensive platform for the parties’ agreement to arbitrate.
2. Please provide an electronic link (i) to an English language translation of the laws and regulations identified in Question 1 above and (ii) to the Arabic text.
The electronic link to the Arabic version of the CPL (but not yet updated) is: www.justice.gov.ma.