Arbitration Lawyers Morocco: 2025 Code, Enforcement, Provisional Measures & Seat

Morocco’s 2025 Arbitration & Mediation Code has reshaped the procedural landscape for every party that resolves commercial disputes through arbitration in the Kingdom. For in‑house counsel, foreign investors and arbitration lawyers Morocco‑wide, the new statute introduces expanded provisional‑measure powers, modernised exequatur procedures for foreign awards and clearer rules on seat selection, changes that demand immediate attention to existing arbitration clauses. This practitioner guide delivers the step‑by‑step compliance actions, model clauses and enforcement checklists that counsel need to operate confidently under the reformed framework.

Executive Summary: What Changed and Immediate Actions

Three key takeaways

• Broader court support for arbitration. The 2025 Arbitration Code significantly expands the types of provisional and conservatory measures that Moroccan courts can grant in aid of both domestic and international arbitration proceedings.
• Modernised enforcement pathway. The exequatur procedure for foreign arbitral awards has been streamlined, aligning more closely with Morocco’s obligations under the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
• Mandatory clause review. Arbitration agreements drafted under the former statutory provisions risk ambiguity under the new Code, particularly regarding seat designation, emergency‑arbitrator mechanisms and the interaction between tribunal‑ordered and court‑ordered interim relief.

Five‑point immediate action plan for counsel

1. Audit every active arbitration clause against the 2025 Code’s formal validity requirements.
2. Confirm that the designated seat is expressly stated and that the chosen institutional rules are compatible with the new provisional‑measures framework.
3. Update template clauses to include emergency‑arbitrator and court‑assistance provisions.
4. Review pending enforcement applications to ensure all documentary requirements under the new exequatur procedure are met.
5. Brief internal stakeholders on revised timelines for interim relief and award recognition.

Overview of the 2025 Arbitration & Mediation Code

The 2025 Arbitration & Mediation Code, published in Morocco’s Bulletin Officiel and now in effect, replaces the arbitration provisions that previously sat within the Code of Civil Procedure. The new statute is a standalone instrument that governs domestic and international arbitration as well as mediation, marking Morocco’s most significant procedural reform in this area in over a decade.

Scope and major changes

The Code applies to arbitration agreements concluded after its effective date and, for procedural matters, to pending proceedings that have not yet reached the award stage. Its key innovations include a dedicated chapter on international arbitration, express recognition of emergency‑arbitrator relief, codification of tribunal powers to order provisional measures and a simplified exequatur pathway designed to reduce the grounds on which Moroccan courts may refuse enforcement of foreign awards. Morocco remains a signatory to the 1958 New York Convention, and the 2025 Code is drafted to ensure consistency with that treaty framework.

Comparison table: old law vs 2025 Code

Industry observers expect the practical effect of these changes to be a measurable reduction in enforcement delays, particularly for awards rendered under institutional rules that incorporate emergency‑arbitrator provisions. The alignment with New York Convention standards is also likely to strengthen Morocco’s attractiveness as an arbitral seat for cross‑border transactions involving North African and francophone markets.

Drafting Arbitration Clauses Post‑2025: Model Clauses and Red Flags

Every arbitration clause governed by Moroccan law, or naming a Moroccan city as the seat, should now be drafted or amended with the 2025 Code in mind. The consequences of failing to do so include unenforceable interim relief, disputed seat designations and awards that face unnecessary resistance at the exequatur stage. Below are model clauses for domestic and international arbitration, together with guidance on how to draft an arbitration clause Morocco practitioners will recognise as compliant.

Seat vs law of the seat

The 2025 Code draws a clear distinction between the juridical seat of the arbitration (which determines the procedural law, the supervisory court and the nationality of the award) and the substantive law governing the merits of the dispute. Parties should specify both in separate sub‑clauses. Failure to designate the seat expressly now carries heightened risk, because the Code’s default‑seat rules may assign jurisdiction to a court the parties did not anticipate.

Model clause A, Domestic arbitration (seat in Casablanca):

“Any dispute arising out of or in connection with this contract shall be finally resolved by arbitration administered by [institution name] under its [applicable] Rules. The seat of arbitration shall be Casablanca, Morocco. The arbitration shall be conducted in [French / Arabic]. The substantive law governing this contract shall be the law of the Kingdom of Morocco.”

Model clause B, International arbitration (seat in Casablanca):

“Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the Rules of [ICC / CIMAR / other institution]. The number of arbitrators shall be [one / three]. The seat, or legal place, of arbitration shall be Casablanca, Morocco. The language of the arbitration shall be [French / English]. The law governing this contract shall be [specify].”

Emergency measures clause (model)

To take full advantage of the 2025 Code’s recognition of emergency‑arbitrator decisions, include an express opt‑in:

Model clause C, Emergency relief and provisional measures:

“The parties agree that the Emergency Arbitrator Provisions of the [institution] Rules shall apply. Either party may also apply to the competent Moroccan court for provisional or conservatory measures in accordance with the 2025 Arbitration & Mediation Code without waiving the arbitration agreement. Any interim measure ordered by an emergency arbitrator or the tribunal shall be enforceable in Morocco to the fullest extent permitted by law.”

Arbitration rules and institution selection

Morocco hosts several arbitration institutions whose rules are compatible with the 2025 Code. When selecting an institution, counsel should verify that the institution’s rules address emergency‑arbitrator appointments, expedited procedures and multi‑party consolidation, all areas where the new Code interacts with institutional practice. The Casablanca International Mediation and Arbitration Centre (CIMAR), associated with the CFCIM, is one of the most frequently used domestic institutions for both local and cross‑border disputes.

Red flags in existing clauses

• No express seat designation. Under the 2025 Code, an omitted seat triggers default rules that may allocate supervisory jurisdiction unpredictably.
• Silent on emergency relief. If the clause neither opts in nor opts out of emergency‑arbitrator rules, parties risk procedural uncertainty over interim relief.
• Conflicting dispute‑resolution tiers. Multi‑tier clauses (negotiation → mediation → arbitration) must clearly delineate triggers and deadlines; ambiguity may be seized upon to delay proceedings.
• Missing language designation. Especially relevant for cross‑border contracts, failure to specify whether proceedings will be conducted in French, Arabic or English can cause costly disputes.

Provisional Measures Morocco: Court Support Under the 2025 Code

Moroccan courts now have express statutory authority to grant a broad range of provisional measures in support of arbitration. This represents one of the most significant practical changes for arbitration lawyers Morocco‑wide, particularly those advising on urgent cross‑border disputes where assets or evidence may be at risk.

Types of measures available

• Asset‑freezing orders (saisie conservatoire). Courts can freeze bank accounts, immovable property and other assets to prevent dissipation pending the arbitration or enforcement.
• Injunctions. Prohibitory and mandatory injunctions to preserve the status quo or prevent irreparable harm.
• Evidence preservation. Orders directing a party or third party to preserve documents, electronic records or physical evidence relevant to the arbitration.
• Attachment of goods. Seizure of movable property where there is a demonstrable risk of removal or destruction.
• Protective measures for witnesses. Court orders to compel witness attendance or protect witnesses from interference.

Procedure, jurisdiction and timing

Applications for provisional measures are filed with the president of the competent commercial court (for commercial disputes) or the first‑instance court (for civil matters) at the place where the measure is to be executed. The procedure is typically summary (référé), designed for urgency. Counsel should prepare the following when filing an urgent application:

1. A copy of the arbitration agreement (original or certified copy).
2. Evidence of the underlying claim and the risk of irreparable harm or asset dissipation.
3. A draft of the specific measure requested, with precise identification of the assets or evidence targeted.
4. Proof that the arbitral tribunal has not yet been constituted, or that the tribunal lacks the power to grant the specific measure sought (where applicable).
5. An authenticated Arabic or French translation of any document not in one of those languages.

Early indications suggest that Moroccan courts are processing urgent provisional‑measure applications within days of filing, though timelines vary depending on the complexity of the application and the court’s caseload.

Support for foreign‑seated arbitration

Can Moroccan courts assist arbitration seated abroad? Under the 2025 Code, the answer is yes. Where assets, evidence or parties are located in Morocco, the competent Moroccan court may grant conservatory or protective measures even if the arbitration is seated in another jurisdiction. This is a critical development for international arbitration practitioners who previously faced uncertainty about whether Moroccan courts would intervene in support of foreign proceedings. Counsel should note that the court’s assistance does not extend to merits determinations, the scope is limited to measures that preserve the effectiveness of the eventual award.

Enforcement in Morocco: Domestic and Foreign Awards, Exequatur

The enforcement of arbitral awards, both domestic and foreign, remains the ultimate test of any arbitration framework. The 2025 Code modernises the exequatur procedure for foreign awards and clarifies the recognition pathway for domestic awards, making it essential for counsel to understand each step required to enforce an arbitral award in Morocco.

Do foreign arbitral awards still require an exequatur in Morocco?

Yes. Foreign arbitral awards are not directly enforceable in Morocco. They must go through the exequatur procedure, whereby the competent Moroccan court grants recognition and enforcement. However, the 2025 Code narrows the grounds on which a court may refuse exequatur, bringing Moroccan practice into closer alignment with Articles IV and V of the New York Convention. Morocco has been a party to the Convention since its accession, and the 2025 Code’s streamlined approach reinforces the Kingdom’s treaty commitments.

Step‑by‑step exequatur workflow

1. Identify the competent court. File the exequatur petition with the president of the commercial court in the jurisdiction where enforcement is sought, or where the losing party has assets.
2. Compile the required dossier. The filing must include the documents listed in the table below.
3. Submit authenticated translations. All documents not in Arabic must be accompanied by sworn translations into Arabic (and in some courts, French translations are also accepted for commercial matters).
4. Court review. The court examines the petition on limited grounds, it does not re‑examine the merits of the dispute.
5. Grounds for refusal. The court may refuse exequatur only on narrow grounds: invalidity of the arbitration agreement, lack of due process, the award exceeding the scope of the submission, irregularity in the composition of the tribunal or the procedure, or contravention of Moroccan public order.
6. Decision and appeal. The court issues its exequatur order. The losing party may appeal, but enforcement may proceed provisionally pending appeal in certain circumstances.

Required documents for exequatur

Direct enforcement of domestic awards

Domestic awards (rendered in Morocco under Moroccan procedural law) follow a simpler recognition pathway. The winning party files the award with the secretariat of the court that would have had jurisdiction absent the arbitration agreement. The court clerk verifies that the award meets formal requirements and issues an enforcement order. The scope of judicial review is limited to formal compliance, the court does not re‑examine the merits.

Practical tips to preserve enforceability

• Maintain a complete arbitration record. Retain all procedural orders, correspondence and evidence of notifications. Gaps in the record are frequently exploited by losing parties at the exequatur stage.
• Secure waivers where possible. If the opposing party agrees, obtain written waivers of the right to challenge the award on procedural grounds.
• Address public‑order concerns proactively. Where the subject matter touches upon areas sensitive under Moroccan public policy (family law, real‑estate in certain zones, regulatory licences), ensure the award is drafted to minimise the risk of a public‑order objection.
• File promptly. Delays in seeking enforcement can raise questions about the urgency and good faith of the petitioning party.

Estimated timeline for exequatur

Timelines for exequatur vary depending on the court, the complexity of the case and whether the losing party contests the petition. Industry observers expect straightforward, uncontested petitions to be processed within several months, while contested applications, particularly those involving public‑order objections or due‑process challenges, may extend significantly. Counsel should always plan for the possibility of delay and seek provisional measures to secure assets during the enforcement period.

Choosing the Arbitral Seat: Why Casablanca

Selecting the right arbitral seat is a strategic decision that affects the supervisory court, the procedural law governing the arbitration and the enforceability of the resulting award. For cross‑border disputes involving Moroccan parties or assets, Casablanca offers distinct advantages as the seat.

Advantages of Casablanca as an arbitral seat

• Commercial court infrastructure. Casablanca hosts Morocco’s most active commercial courts, with judges experienced in arbitration‑related applications including exequatur, provisional measures and challenges.
• Institutional support. The CFCIM’s Casablanca International Mediation and Arbitration Centre (CIMAR) provides local administrative infrastructure, hearing rooms and established procedural rules.
• Connectivity. Casablanca’s position as Morocco’s economic and financial capital means proximity to banks (for asset‑freezing applications), corporate headquarters and transport hubs.
• Bilingual practice. Courts and practitioners in Casablanca operate fluently in both French and Arabic, and an increasing number of arbitrations are conducted partly in English.

Moroccan arbitration venues at a glance

Practical Checklists: Clause Drafting, Provisional Measures, Exequatur

Checklist 1, Drafting or amending an arbitration clause

1. Confirm the clause expressly designates the seat of arbitration (city and country).
2. Specify the applicable institutional rules and version.
3. Include the number of arbitrators (one or three) and appointment mechanism.
4. State the language(s) of the arbitration.
5. Designate the substantive law governing the contract.
6. Opt in (or out) of emergency‑arbitrator provisions.
7. Include a court‑assistance carve‑out for provisional measures.
8. Check that multi‑tier provisions (negotiation → mediation → arbitration) have clear triggers and deadlines.

Checklist 2, Seeking provisional measures in Morocco

1. Identify the competent court (commercial court or first‑instance court at the place of execution).
2. Prepare a summary application (référé) supported by evidence of urgency and risk.
3. Attach the arbitration agreement and proof of the arbitral proceedings (if commenced).
4. Provide sworn translations of all foreign‑language documents.
5. Draft the precise measure sought (freezing order, injunction, evidence preservation).
6. Serve the application on the opposing party (or seek ex parte relief if justified).
7. Attend the court hearing and be prepared to offer a cross‑undertaking in damages if required.

Checklist 3, Enforcing a foreign arbitral award (exequatur Morocco)

1. Obtain a certified copy of the arbitral award and arbitration agreement.
2. Legalise or apostille documents as required by the country of origin.
3. Commission sworn Arabic translations from a Moroccan court‑approved translator.
4. Appoint Moroccan counsel and execute a notarised power of attorney.
5. File the exequatur petition with the president of the competent commercial court.
6. Prepare a submission addressing each potential ground for refusal (public order, due process, scope, procedural regularity).
7. Monitor the court docket and attend any hearing.
8. If granted, apply for enforcement measures (seizure, garnishment) immediately.
9. If refused, assess grounds for appeal and file within the applicable deadline.

Local Practice Notes and Risk Matrix

Practical experience with Moroccan courts reveals several patterns that arbitration lawyers Morocco‑based and international alike should anticipate. Courts in Casablanca and Rabat are generally well‑versed in arbitration matters, but smaller jurisdictions may approach exequatur applications with greater caution. Delays can arise from incomplete dossiers, translation disputes and contested service of process.

Risk matrix for arbitration in Morocco

Conclusion: Next Steps for Arbitration Lawyers Morocco

The 2025 Arbitration & Mediation Code represents a generational upgrade to Morocco’s arbitration infrastructure. For in‑house counsel and external practitioners alike, the message is clear: audit existing arbitration clauses, familiarise your team with the new provisional‑measures framework, and ensure your enforcement strategy accounts for the streamlined exequatur pathway. The likely practical effect for foreign investors is a more predictable, internationally aligned dispute‑resolution environment, but only for those who proactively adapt their contracts and procedures.

Parties seeking experienced arbitration lawyers Morocco can rely on should explore the Arbitration, Morocco practice area page or search the Morocco arbitration lawyers directory to connect with qualified counsel.

Sources

1. Secrétariat Général du Gouvernement, Bulletin Officiel (Morocco)
2. Kettani Law Firm, Arbitration
3. Aceris Law, Morocco Arbitration Lawyers Desk
4. Chambers and Partners, Dispute Resolution Morocco
5. DLA Piper Africa, Arbitration & Regulatory (Morocco)
6. Legal 500, Dispute Resolution (Morocco)
7. CFCIM, Casablanca International Mediation and Arbitration Centre
8. New York Convention (1958), UN Treaty Repository