الأحكام الخاصة بالشرط التحكيمي في القانون المغربي

Abstract EN

This issue is mainly cantered around the provisions of the arbitration clause in Moroccan law, so that the latter (the arbitration clause) is considered one of the contractual obligations that are characterized by several specificities, among which is that the arbitration clause is regulated by the Moroccan legislator according to general legal rules (the law of obligations and contracts) and others in particular ( Law No.

05.08 on Arbitration and Agreement Mediation).

Also, the arbitration clause raises several problems, whether at the legal level or at the practical level, which we have discussed in this article, and among the most important characteristics that distinguish the arbitration clause is that it is independent from the original contract, contrary to what is in the general rules stipulated in the Obligations Law And contracts, which is the so-called principle of independence of the arbitration clause.

Not to mention that it is not permissible to resort to the judiciary in matters that are the subject of the arbitration clause, meaning that the disputes that are the subject of the arbitration clause prohibits the judiciary to broadcast in it if it is paid by the one who has the interest (the defendant), and this is what we discussed in the same matter besides The reasons for its expiration.