This article was featured in Jus Mundi‘s 2025 Arbitration Year in Review, an annual publication analyzing arbitration developments across 40+ jurisdictions on 6 continents. This edition brings together young practitioners and senior experts to capture the year’s most significant legislative reforms, enforcement trends, and institutional innovations.
THE AUTHORS:
Anass Moumen, Attorney at Brahma Avocats
Yasmine Chouari, Associate at Komon Avocats
The Legislative and Regulatory Framework of Arbitration in Morocco
The Law No. 95-17 on Arbitration and Contractual Mediation dated May 24th, 2022 (the “2022 Arbitration Law”) sets the legislative framework for alternative dispute resolution method in Morocco. The 2022 Arbi- tration Law establishes an independent and self-standing instrument, distinct from the Moroccan Code of Civil Procedure. Thus, it reinforces both clarity and the degree of specialization of the applicable regime to domestic and international arbitration. The 2022 Arbitration Law reaf- firms key arbitration principles, including the autonomy of the arbitration clause, the competence-competence principle, and the strict limitation of state court review to annulment proceedings on grounds set out in Article 62 of the 2022 Arbitration Law.
Following the adoption of the 2022 Arbitration Law, the Decree No. 2-23- 1119, dated May 23rd, 2024, setting out the modalities for compiling the list of arbitrators as well as the conditions for registration and removal (the “2024 Decree”) was enacted. The 2024 Decree is rooted in articles 11 et 12 of the 2022 Arbitration Law and serves a dual purpose. First, it ensures the quality and transparency of arbitrators’ missions. Second, it establishes a strict framework for the selection and maintenance of arbi- trators on an official list. Through the 2024 Decree, Morocco strengthens confidence in the national arbitration process.
One of the key developments in Morocco’s legislative framework in 2025 was the first implementation of the 2024 Decree through the publication of the first list of arbitrators approved by the Moroccan Ministry of Justice. This list was set out according to the registration criteria, which mostly pertain to professional experience, integrity, and specialized training.
Thus, the publication of the 2025 list of arbitrators illustrates the conti- nued effects of the 2022 Arbitration Law and marks the beginning of a new formality contributing to the organization of arbitration practice in Morocco.
Landmark Arbitration Cases
Morocco’s arbitration landscape features numerous high-profile cases, both in the field of international investment arbitration (A.) and domestic commercial arbitration (B.).
International Investment Arbitration
Through the 2022 Investment Charter, the creation of industrial acceleration zones, and the conclusion of several new generation investment agreements and treaties, foreign investors have massively gained interest in Morocco. However, where there is business, disputes inevitably arise. That is why the ICSID (International Centre for Settlement of Investment Disputes) was recently seized with several disputes involving the Kingdom of Morocco.
Among the most widely reported arbitration cases involving Morocco, the SAMIR case (Société Anonyme Marocaine de l’Industrie du Raffinage) reemerged in 2025 with Morocco’s setting aside request.
This dispute arose between the Kingdom of Morocco and the Swedish group Corral, i.e., the majority shareholder of SAMIR. Corral claimed that Morocco violated the 1990 Morocco Sweden Bilateral Investment Treaty (“BIT”) by engaging in unfair treatment and expropriation. On July 15th, 2024, an award was rendered against Morocco. The Kingdom was condemned to pay a compensation of USD 150 million to Corral.
Following the issuance of the award, Morocco filed a reconsideration request before ICSID. This procedure allows correction of material errors or interpretation of specific points without challenging the substance of the decision. After a first rectification request introduced by Morocco on September 3, 2024, the Tribunal issued a decision on the rectification of the award on November 6, 2024. A second rectification proceeding was subsequently registered on September 3, 2024 upon a request filed by
Corral Morocco Holdings AB, leading to a further decision of the Tribunal on November 6, 2024.
Separately, and beyond the rectification phase, on December 6, 2024, the Secretary-General registered an application for partial annulment of the award filed by the Kingdom of Morocco. The ICSID ad hoc Committee convened and held its first meeting in March 2025 to examine Morocco’s request. The Committee initially ruled on the suspension of enforcement, granting Morocco an extension of this suspension by decision on June 30th, 2025.
This case highlights the challenges in enforcing ICSID awards, a process that will continue in 2026.
This dispute arose between the British company Emmerson and the Kingdom of Morrocco after the Unified Regional Investment Commission (“CRUI”) of the Regional Investment Commission of Rabat-Salé-Kenitra rejected Emerson’s potash mining project in Khemisset province due to non-compliance with environmental standards.
On May 1st, 2025, Emerson announced it would initiate arbitration proceedings against Morocco, after securing third-party funding in January 2025.
The claimant considers that CRUI’s refusal constitutes expropriation, thereby breaching the United Kingdom Morocco BIT (1990). It values the project at USD 2.2 million and seeks full compensation. The respondent considers that, despite alternatives proposed by the British company, the planned exploitation in Khemisset would threaten water resources and exacerbate waste management issues.
This dispute is a textbook example of the complexity of balancing economic and environmental concerns in a territory where water management and stress are central national issues. Full proceedings and debates will take place in 2026.
This case underscores that settlement remains a preferred path to preserve relations and avoid costly and lengthy proceedings.
This dispute arose from a contract for waste management and sanitation services. It was ultimately settled amicably after arbitration proceedings were initiated in August 2023 under the 1996 France-Morocco BIT.
The settlement resulted in the filing of a withdrawal request before ICSID, which issued a procedural order on July 21st, 2025, officially ending the dispute.
Commercial Arbitration: Contribution of Moroccan Case Law
The case law of Moroccan courts shapes and defines the interpretation and application of the 2022 Arbitration Law. It notably defines the scope of judicial annulment review and clarifies procedural points.
- Control of Deadlines and Procedure
Exceeding arbitration deadlines is a common ground for annulment. However, in a decision of April 15th, 2025, the Casablanca Commercial Court of Appeal (No. 1913) ruled on the starting point of arbitration deadlines. It reaffirmed that while parties may contractually determine the starting point of arbitration deadline, the annulment judge retains control to ensure the right to a fair trial.
In this decision, the Court upheld the Marrakech Commercial Tribunal’s ruling, which validated an award based on the parties’ implicit consent, as evidenced by their continuation of the procedure beyond the initial deadline. This approach promotes arbitration efficiency by penalizing parties for failing to raise objections in a timely manner.
- Limits of Judicial Review
Moroccan case-law maintains a strict stance on state court intervention. The Marrakech Commercial Court of Appeal, on May 13th, 2025 (No. 900), held that orders appointing arbitrators are not subject to appeal.
It thus reflects the desire not to delay the quick constitution of arbitral tribunals.
Furthermore, procedural errors often constitute an ineffective ground in setting aside proceedings, as annulment remains the primary route to challenge awards. Regarding counterclaims, the Marrakech Commercial Court of Appeal, in a decision dated May 27th, 2025 (No. 1008), emphasized that dismissal for lack of connection is a matter of arbitrators’ discretion and does not breach public order.
- Consent and Fees
Regarding the validity of the arbitration agreement, the Casablanca Commercial Court of Appeal reaffirmed, on May 8th, 2025 (No. 2319), that silence from a party cannot substitute unequivocal consent. This principle is fundamental and protects arbitration’s consensual nature.
Additionally, contesting arbitration fees is a practical issue. The Rabat Commercial Tribunal clarified, on May 5th, 2025 (No. 2025/8101/431), that the clause in the mandate designating the place for deposit of the award constitutes a jurisdiction clause for disputes related to fees, thus determining the competent commercial court.
The Rise and International Influence of the Moroccan Arbitration Community
The evolution of the Moroccan arbitration framework and practice has encouraged Moroccan practitioners to engage in this dynamic and to promote the country as a leading arbitration venue.
A major milestone in the development of Morocco’s arbitration image was the creation of the Moroccan Arbitration Club (“MAC”), launched on May 27th, 2025. The MAC brings together all kinds of arbitration practitioners. The MAC’s primary mission is to promote Moroccan arbitration, unite practitioners, and serve as a platform for exchange and training.
Also, Morocco’s visibility continued to grow in 2025 at global arbitration events:
- The Morocco Very Young Arbitration Practitioners (“Morocco VYAP”): A new executive board was appointed in November 2025 to resume MVYAP’s activities and events.
- The Paris Arbitration Week (“PAW”): the French-Moroccan Business Lawyers Association (“AFMAA”) hosted the first conference dedicated to arbitration in Morocco during PAW in 2025.
- The Dubai Arbitration Week (“DAW”): the MAC co-organized the first-ever conference on arbitration in and with Morocco during the 2025 DAW.
- The ICC Young Arbitrators Forum (YAAF) Conference: Morocco also hosted the ICC YAAF conference, themed “Rethinking Arbitration Practice: From Client Expectations to Strategy”.
The 32nd Edition of the Willem C. Vis Moot in Vienna: Every year, students from the Hassan II University are trained by Moroccan arbitration practitioners to participate in the Willem C. Vis Moot. During this year’s edition, the Moroccan team scored 84/100 in the oral phase.
Conclusion
In 2025, Morocco’s legal framework and arbitration practice continued to strengthen, reflecting the stability and lasting impact of the reforms initiated in 2022. The sustained engagement of the Moroccan arbitration
community, from professionals to students, increases the country’s visibility and credibility on the international stage. These dynamics contribute to the development of Morocco’s role in the field of arbitration, enhancing its attractiveness for investment and the efficiency of dispute resolution.
ABOUT THE AUTHORS
Anass Moumen is admitted to the Casablanca Bar and practices at Brahma Avocats. His work focuses on international arbitration, pre-litigation, arbitral litigation (including exequatur and annulment of domestic and international arbitral awards), and complex disputes for Moroccan and international clients. He acts as counsel in institutional and ad hoc arbitrations across several industries. He holds a Master’s degree in Business Law from Université Hassan II de Casablanca.
Yasmine Chouari is admitted to the Paris Bar. Yasmine practices litigation and arbitration at Komon Avocats. She handles pre-arbitration litigation before French courts, including annulment proceedings, enforcement of arbitral awards, and recovery of claims arising from international arbitration. She also acts as counsel in institutional and ad hoc commercial arbitrations involving private and public entities, notably from Africa. She holds a Master’s degree and an LL.M. from Université Paris-Est Créteil and has gained experience in international law and business litigation within several law firms in Paris and Casablanca.
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