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Lawyers, other representatives, expert(s), tribunal’s secretary

Decision of the Commercial Court of Casablanca (translation)

FACTS

[1].
Pursuant to the summery procedure petition submitted by the lawyer for the plaintiff duly recorded with the Office of the Court on Sept. 09, 2016, wherein it is stated that it previously submitted to the Court of the International Chamber of Commerce International Court of Arbitration its litigation with both defendants; that this Court rendered its Arbitral Award on May 6, 2015; therefore, according to Section 327-46 of the Civil Procedure Law, it demands the recognition and add the writ of execution to the Arbitral Award rendered by the International Chamber of Commerce International Court on May 6, 2015 between the parties in litigation with all the legal consequences entailed therefrom
[2].
It attached to its petition: the original of an Arbitral Award with the translation thereof into Arabic, report on servicing with the translation thereof into Arabic.
[3].
Having scheduled the case for the hearing of Dec. 7, 2016, attended by the Lawyer for the plaintiff who submitted documents such as a Free Management Contract with the translation thereof into Arabic; and the case was held for consideration at the hearing of Dec. 14, 2016.

GROUNDS

[4].
Whereas the demand concerns adding the writ of execution to an Arbitral Award; and according to Section 327-39 of the Civil Procedure Law, the provisions of the second section of the Law 08-05 shall be applied on the international arbitration without infringing upon what is stated in international Conventions homologated by the Kingdom of Morocco and published in the Official Gazette.
[5].
Whereas the international Conventions in relation with the subject is the New York Convention dated June 10, 1958 on the recognition of implementation of foreign Arbitral Awards to which adhered and homologated by Morocco;

Whereas the defendant defaulted though receiving service;

Whereas the demand was lodged in conformity with required conditions as per New York Convention, and the arbitral award does not infringe on Moroccan general order so far that it concerns a business transaction between two companies rendering thus the demand justified and must be received;

WHEREFORE

[6].
While deciding publically and as at first instance;

WE,

- Order the authorization to recognize and writ of execution to the International Arbitral Award N° 19644/EMT dated May 6, 2015 rendered in London by the International Chamber of Commerce International Court;

- Make the first defendant bear the legal costs;

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