The Center of mediation and arbitration operates under the supervision of tangier's Chamber of Commerce, Industry and Services of Tangier , Tetouan Al Hoceima, and has an internal system that ensures the guarantee of his efficient and independent management due to the nature of the work it performs.
The head office of the Center of mediation and arbitration situate in the Chamber of Commerce, Industry and Services of Tangier Tetouan Al Hoceima.
The Centre's goals embody the management and organization of mediation and arbitration, which includes :
Organizing of the mediation and arbitration sessions and providing the administrative facilities for this operation.
Increase the culture of mediation and arbitration .
Participate to attract investments .
The Center of mediation and arbitration have the following organs:
Governing Organ .
Executive administration .
Members included in the list of mediators and arbitrators .
The procedures of mediation interfere in the sales conflicts in accordance with the following clauses :
1- Mediation procedures take place in the head office of the Chamber.
2- The centre begins mediation measures on the basis of the mediation agreement.
3- Mediation is launched through the request of the parties or only one party and if the other party in dispute accepts it.
4- The request of mediation submitted to the Center via the request which includes the following points:
The full identity of the parties
Subject summary of the conflict
The position of the parties about the conflict
5- The conflict must be resolved at the heart of the mediator center or the mediators committee responsible for facilitating the conclusion of conciliation.
6- The mediator of the mediators committee must be selected among the members approved by the Centre referring to the nature of the conflict, so the parties can choose the qualified names accredited by the Centre to handle the mediation mission.
7- The parties determine the period of the mediator or mediators committee missions, without further exceeding the deadline within 3 months of the date of the submission of application related to mediation.
8- The mediator or mediators Committee proposes the conciliation decision or the document corresponding to the crystallization of the conflict duly signed by the mediator or mediator center as well as the parties concerned.
9- Once conciliation between the parties is established, it’s could be reformulated operationally.
10- To this end, the president of the regional instance specializing in the dissemination of conflicts must provide the executive formula.
The Court of Arbitration intervenes in sales cases under the following clauses:
Arbitration request :
The Court of Arbitration is based on the legal reference conflicts agreed by the parties.
If the parties do not agree on the judicial laws related to the subject of case, The Court of Arbitration applies the legal regulations appropriate with the case, the sales mores and customs of both parties are taken into account.
If the arbitration parties agree by consent to delegate the arbitral tribunal to the status of mediator, the arbitration committee imposes a sentence in accordance with the mechanisms of justice and fairness without complying with the law.
Arbitration procedures :
The Court of Arbitration consists of a single arbitrator or three arbitrators approved by the Center. And they are selected from the list of referees accredited by the Center in accordance with the nature of the case.
The Tribunal appoints its hearings to allow both parties to prove the purpose of the case, and to submit their arguments and evidence in this regard, thereby presenting the memorandums and written documents unless they consent otherwise.
The parties are notified by the schedule of the hearing’s sessions held by the tribunal of Arbitration, five days before the hearing session date.
If one of the parties has been absent from attending any hearing, and does not submit the required documents, the Arbitral Tribunal will pursue the arbitration process and deliver the arbitration award of conflict on the basis of the evidence it possesses.
All arbitrators are expected to participate in all operations as well as in the drafting of all minutes.
The arbitrator or arbitral tribunal concluded the arbitration mechanism if, during its follow-up, the parties agree to resolve the conflict amicably.
The arbitrator or the arbitral tribunal performs all investigative procedures, hear witnesses, appoint experts or any other procedure.
Applicable Law :
The arbitral tribunal applies the law referring appropriate to the subject of the conflict agreed by each party.
If the two parties do not agree on the applicable law arrangements on the subject of conflict, the arbitral tribunal applies in this regard the law mechanisms most appropriate to the conflict by taking into account sales mores and what the parties tend to highlight.
If all arbitrators agree by consent on the delegation of the arbitral tribunal to the position of mediator, the arbitral tribunal decides in this conflict in accordance with the basics of Justice and Fairness without complying with the law.
Duration of arbitration :
If the arbitral tribunal agreement does not determine any specific deadline for awarding the arbitration award, the arbitrators' mission ends after a non-extendable six-month period counted from the date of application for arbitration.
The arbitration Award :
The arbitral tribunal determine after the completion of the investigation procedures and consider the case assigned for deliberation and the scheduled date of arbitral award.
The arbitration award is pronounced by a majority of votes after deliberation by the Court of Arbitration.
The arbitrators' deliberations are confidential.
The arbitral award shall be completed by writing version and must be referred to the arbitration agreement and include a brief presentation of the facts, the claims of the parties and their arguments respectively, documents, the pronouncement that have been adjudicated under the arbitration award.
The award is duly signed by all arbitrators.
The tribunal Arbitral provides each of the parties a copy of the arbitration award within seven days of the date of the execution order.
The arbitral award can only be pronounced under an executive version issued by the President of the Court.
+212 539 32.27.32 / 539 94.63.80