Arbitration and Conventional Mediation considering the New Provisions of Law No. 95.17

Abstract

This article discusses the most significant developments introduced by Law No. 95.17 relating to arbitration and conventional mediation. Today, alternative dispute resolution mechanisms have gained considerable importance, as they constitute legal tools that allow disputes to be settled in a swift and effective manner, at any time and in any place. This law aims to enhance speed, flexibility, and efficiency in dispute resolution, ensure the confidentiality of dispute proceedings, and enshrine procedural flexibility in comparison with traditional judicial pathways. It also seeks to facilitate the enforcement of arbitral awards, expand the scope of mediation, reinforce the flexibility of arbitration agreements, extend judicial jurisdiction, develop appeal mechanisms, distinguish between institutional arbitration and ad hoc arbitration, qualify the judiciary to keep pace with the arbitration system, and guarantee neutrality with respect to foreign parties involved in disputes, along with other advantages that positively impact the economy and the market.

All these measures contribute significantly to encouraging investment in Morocco and strengthening the foundations of legal certainty in the business sector, particularly considering the expansion of international economic relations, the globalization of the economy, and the rapid movement of capital.

Moreover, Law No. 95.17 is not merely a technical amendment; rather, it embodies a strategic vision aimed at aligning national legislation with international conventions, thereby ensuring the creation of a competitive business environment capable of keeping pace with the speed of financial flows and the challenges of the digital economy. This law was enacted to overcome the legal and practical difficulties that previously hindered the arbitration and mediation systems in Morocco. In short, this law represents an attempt to establish an integrated and effective arbitration and mediation framework in Morocco, combining modernity with responsiveness to the requirements of the contemporary economy