Today, April 18, 2024, the government council, chaired by Aziz Akhannouch, convened to discuss several legislative texts, review an international agreement, and consider proposals for appointments to senior positions in accordance with Article 92 of the Constitution.
During this meeting, the council approved Draft Decree No. 2.23.1119 concerning the procedures for maintaining the list of arbitrators and the conditions for registration and removal from it, presented by Mr. Abdelatif Wahbi, the Minister of Justice.
According to the government council’s statement, this draft decree aims to implement the provisions of Article 12 of Law No. 95.17 concerning arbitration and contractual mediation, which stipulates the mandatory registration of individuals who regularly engage in arbitration tasks within their profession, either individually or as part of a legal entity, on a list of arbitrators.
The draft decree aims to specify the procedures for maintaining this list, as well as the conditions for registration and removal, by delegating this task to the governmental authority responsible for justice.
The information required to be included in the list of arbitrators, according to the draft decree, comprises the full name of the arbitrator, nationality, date and place of birth, address, profession, academic and professional qualifications, experience in arbitration, and any other information deemed necessary by the governmental authority responsible for justice.
Furthermore, the draft decree outlines the registration procedure, which involves submitting an application to the governmental authority responsible for justice, accompanied by necessary documents such as a copy of the national identity card, academic qualification certificate, arbitration experience certificate, and any other documents requested by the governmental authority.
Registered arbitrators can be removed from the list in specific cases, such as submitting a written resignation, proving a serious professional mistake, or losing one of the registration conditions.
This draft decree represents an important step in regulating the arbitration profession in Morocco, enhancing its integrity and transparency by defining clear conditions and standards for arbitrator registration.
It is expected that this project will contribute to enhancing the confidence of stakeholders in arbitration as a means of resolving disputes and encouraging investment in Morocco.
Source: Fes News Media