Scribd Logo
Upload

Welcome to Scribd!

  • 50 views

    Arbitration in Moroccon Law

    Uploaded by

    Elmostafa Zakaria Hamdouche
    Arbitration is a method of settling disputes privately through arbitrators rather than courts. The document discusses a new Moroccan law on arbitration that aims to streamline arbitration procedures and protect parties' rights. It reorganized domestic arbitration and established rules for international arbitration. The law was inspired by a model from the UN Commission on International Trade Law and adapts arbitration to changes in Morocco's judicial system and businesses' evolving needs for efficient dispute resolution.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Arbitration in Moroccon Law

    Uploaded by

    Elmostafa Zakaria Hamdouche
    50 views2 pages
    Arbitration is a method of settling disputes privately through arbitrators rather than courts. The document discusses a new Moroccan law on arbitration that aims to streamline arbitration procedures and protect parties' rights. It reorganized domestic arbitration and established rules for international arbitration. The law was inspired by a model from the UN Commission on International Trade Law and adapts arbitration to changes in Morocco's judicial system and businesses' evolving needs for efficient dispute resolution.

    Original Title

    Arbitration in moroccon law

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Arbitration is a method of settling disputes privately through arbitrators rather than courts. The document discusses a new Moroccan law on arbitration that aims to streamline arbitration procedures and protect parties' rights. It reorganized domestic arbitration and established rules for international arbitration. The law was inspired by a model from the UN Commission on International Trade Law and adapts arbitration to changes in Morocco's judicial system and businesses' evolving needs for efficient dispute resolution.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    50 views2 pages

    Arbitration in Moroccon Law

    Uploaded by

    Elmostafa Zakaria Hamdouche
    Arbitration is a method of settling disputes privately through arbitrators rather than courts. The document discusses a new Moroccan law on arbitration that aims to streamline arbitration procedures and protect parties' rights. It reorganized domestic arbitration and established rules for international arbitration. The law was inspired by a model from the UN Commission on International Trade Law and adapts arbitration to changes in Morocco's judicial system and businesses' evolving needs for efficient dispute resolution.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Arbitration is a method of settling disputes consisting in resorting to one or more persons

    private (arbitrators) chosen by the parties to obtain a binding decision, outside the courts
    states. The fundamental characteristic of arbitration lies in the removal from state courts
    disputes which normally fall within their jurisdiction.

    The importance of arbitration is undeniable given the advantages it provides to partners, know
    the speed of the procedure, confidentiality and cost control. This alternative method of settling
    litigation aims to prepare a favorable environment for investment. This is a way to have the
    confidence of the foreign and national investor, it is an additional insurance for their heritage.

    It is in this context that Law No. 08-05 repealing and replacing Chapter VIII of the Code of
    Procedure Civil was promulgated by the dahir n ° 1-07-169 of November 30, 2007 and
    published in the Official bulletin n ° 5584 from Thursday 6 December 2007.

    The contribution of the above-mentioned law which is inspired by the model law drawn up by
    the United Nations Commission for International Commercial Law (UNCITRAL) particularly
    concerns the adaptation of the procedure arbitration to the evolution of the judicial
    organization of Morocco and the development of procedures and organs arbitration in line
    with the new needs of economic operators faced with the slowness of legal procedures.

    The law has paid great attention to consolidating the rights of parties in arbitration
    proceedings

    by providing for sanctions in the event of violation of the rights of the defense, by allowing
    the parties to challenge the arbitrators, by obliging the said arbitrators to justify their decisions
    and by requiring them to keep confidential deliberations. Law n ° 08-05 reorganized Domestic
    arbitration (I), put in place a system governing the first time international arbitration (II)

    I- Domestic arbitration

    We

    A- The legal fundament of domestic arbitration:

    The law distinguishes:


    - the arbitration clause which is the commitment of the parties to submit for resolution by
    arbitration any disputes that may arise subsequently. The arbitration clause is only valid
    between traders.

    - the arbitration agreement, which is the agreement by which the parties to an already born
    dispute agree to submit it to arbitration.

    Article 313 of the law specifies that the arbitration agreement must always be drawn up in
    writing, either by authentic instrument or under private signature, or by report drawn up
    before the chosen arbitral tribunal.

    You might also like