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CIMAC is both a neutral and independent forum convenient for parties to a dispute in Africa and beyond, particularly if parties prefer not to arbitrate in the US or Europe. CIMAC is located in Morocco, one of the first countries in the world having ratified the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) and has a modern Arbitration Law.
Arbitration is a less formal and more flexible procedure than court litigation. Parties are free to appoint their own arbitrators and can choose more practical procedures and rules for the conduct of an arbitration. Generally, arbitration is confidential and can also be more cost-efficient and speedier than court litigation.
Furthermore due to the fact that Morocco is adopting a modern arbitration law, one can expect maximum judicial support and minimal judicial interference from Morocco courts. Arbitral awards which are final and binding are generally enforceable in more than 150 countries under the New York Convention (subject to any local legislation and/or requirements).
CIMAC is an independent and neutral arbitral institution. We therefore do not act on behalf of parties or provide legal advice.
CIMAC’s competence and jurisdiction to administer arbitrations is derived from the arbitration clause found in a contract or other legal instrument or from the parties’ agreement after a dispute has arisen. The types of disputes we can administer are not limited to a specific sector. The choice of arbitrator is critical in the fair resolution of disputes and the CIMAC Court of Arbitration is consisted of experienced arbitrators possessing a wide range of competences in different sectors.
There is no maximum or minimum claim amount for cases to be administered by CIMAC.
The CIMAC Secretariat is able to administer arbitrations in four languages English, French, Spanish and Arabic.
Yes, CIMAC can generally administer arbitrations where the seat of arbitration is not Casablanca. Indeed pursuant to article 17.1 parties have the right to choose the seat of arbitration, in absence of any agreement Casablanca will be the place of arbitration. For example, the CIMAC could administer arbitrations in Madrid under its own CIMAC Arbitration rules.
Generally (and subject to any agreement to the contrary or other circumstances), hearings in CIMAC-administered arbitrations do not have to be held in Casablanca.
In drawing up international contracts, we recommend that parties include the following arbitration clause:
MODEL ARBITRATION CLAUSE
“All disputes arising out of or in connection with
the present contract will be finally settled by arbitration
in accordance with the CIMAC Arbitration Rules.
The seat of arbitration shall be […]
The tribunal should be made up of […]
Arbitrators confirmed according to the Rules.
The language of the arbitration shall be […]”
CIMAC’s jurisdiction to administer an arbitration is derived from the arbitration agreement. Therefore, without an arbitration clause or any other post-contractual agreement to refer the dispute to CIMAC, CIMAC cannot administer the arbitration.
If both parties sign a post-contractual agreement in favor of arbitrating their dispute under CIMAC rules, then our institution can administer the case.
Yes, according to article 47, The Parties may apply to the Court in its capacity as the appointing authority. Such a request shall be addressed to the Secretariat and accompanied, if necessary, by a registration fee, in accordance with Article 42, together with a supplemental fee if necessary.
COMMENCEMENT OF ARBITRATION AT CIMAC
Arbitration is a consensual process; both parties will have to agree to submit the dispute to CIMAC for arbitration. As a first step, parties have to check their agreement to find out if there is an arbitration clause referring the dispute to arbitration at CIMAC. Even if there is none, parties can still agree to submit the dispute to arbitration at CIMAC. This post-dispute agreement should be in writing. Once either step is fulfilled, a Notice of Arbitration pursuant to Article 5.1 of the CIMAC Rules has to be filed with the Secretariat of CIMAC along with payment of the requisite registration fee.
The Notice of Arbitration may be filed with us via email, by hand and/or by courier, to the attention of the Secretary General.
Response to the Notice of Arbitration may be filed with us via email, by hand and/or by courier, to the attention of the Secretary General.
Under the current Schedule of Fees, the non-refundable registration fee (payable in advance with the Notice of Arbitration) is € 2, 000.00.
Pursuant to Article 5.1 of the CIMAC Rules, as the payment of the requisite filing fee is part of the requirements for filing a Notice of Arbitration, the Notice of Arbitration will not be deemed complete and the arbitration will not be deemed to have commenced until all the requirements of Article 5.1 have been fulfilled.
Yes, awards in CIMAC arbitrations would be enforceable outside Morocco as Morocco is part of the New York Convention (subject to any local legislation and/or requirements).
Confidentiality is generally a key advantage of international arbitration. Arbitration proceedings conducted at CIMAC are generally private and confidential in nature. Our response to any queries from the public for information on confidential CIMAC arbitrations is that we cannot comment on the existence or otherwise of such an arbitration at CIMAC.