Arbitration is regulated by Law 95-17, adopted and promulgated on June 13, 2022. It consists of submitting a dispute, by contractual means, to an arbitral tribunal composed of one or three arbitrators who settle the dispute definitively by rendering an arbitral award.
This arbitral award can only be appealed in situations strictly defined by law.
Arbitration at the Casablanca Mediation and Arbitration Center takes place according to its rules, which contain provisions relating to the constitution of the Arbitral Tribunal, the implementation of the arbitration procedure, and the payment of arbitration fees and costs.
Thus, the CMAC arbitration procedure prescribes a process that is:
Clear, organized and takes into account all parameters to allow for fast, fair, flexible and effective justice with controlled costs
The Center's fee scales are very competitive; the amounts in our scales cover both the fees of the arbitral tribunal and the administrative costs and hearing secretariat
Final award whose effects are equivalent to a judgment rendered by the judicial authority when it bears the exequatur
For future disputes (arbitration clause):
CMAC recommends that parties wishing to provide for arbitration in their contracts insert the following model clause: « clause CMAC »
For existing disputes (arbitration agreement):
'The undersigned parties hereby agree to submit to arbitration, in accordance with the CMAC Mediation Rules, the following dispute: [Brief description of the dispute]. The place of mediation will be [specify]. The language of the mediation procedure [specify].'
CMAC has been administering mediation processes since 2001,
Both parties jointly submit the request to CMAC
► The procedure starts immediately.
Filing with CMAC by unilateral request from one of the parties in conflict.
► The respondent party receives a notification and has 30 days to respond.
If the parties have inserted an arbitration clause in their contract which is the subject of a dispute, they can initiate the arbitration procedure by filing unilaterally or jointly with CMAC.
If the parties have not inserted an arbitration clause, they can sign an arbitration agreement at the time a dispute arises, on the basis of which they can also file with CMAC.
The parties can also decide to initiate mediation, either beforehand or in parallel.
Duration of 6 months provided for in the CMAC Rules. Duration that can be shortened with the implementation of an expedited procedure (Expedited Arbitration Rules), within 3 months of signing the Terms of Reference. Duration that can be extended and will be determined in the Terms of Reference.
Definition and Usage
In business contracts (company statutes, shareholder agreements, service contracts, supply contracts, delivery contracts, lease contracts, assignment contracts, franchise contracts, subcontracting contracts, etc.), parties can provide for recourse to mediation and/or Arbitration.
Model Clauses
CMAC recommends that parties wishing to refer to the arbitration of the Casablanca Mediation and Arbitration Center (CMAC) insert the following arbitration clause in their contracts:
Joint request of the parties which must include in particular:
Either by:By joint request of the parties which must include in particular:
the full names and designations, capacities and addresses of each of the parties and their chosen domicile and of all person(s) representing in the arbitration;
the mention of the arbitration clause or the separate arbitration agreement invoked or any document establishing that the dispute is submitted to arbitration;
the descriptive mention of the dispute or what it relates to;
a statement of the nature and circumstances of the dispute and an estimate of the amount corresponding to the claim;
any indications and any proposals or observations concerning the number of arbitrators and their choice in accordance with the provisions of Articles 8 and 9 as well as any required arbitrator designations resulting therefrom.
any useful observations concerning the applicable rules of law, the language and the place of arbitration.
Or by:A unilateral request accompanied by:
the full names and designations, capacities and addresses of each of the parties and their chosen domicile and of all person(s) representing in the arbitration;
the mention of the arbitration clause or the separate arbitration agreement invoked or any document establishing that the dispute is submitted to arbitration;
the descriptive mention of the dispute or what it relates to;
the number of arbitrators
Within seven days of receiving the request, the Center will notify the other party according to our rules.
CMAC - The Casablanca Mediation and Arbitration Center (CMAC) is an independent and neutral institution that offers conflict resolution services to businesses, associations, and individuals.
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