Morocco

International contracts for your business in Morocco

In the case of cross-border orders and projects, various international contracts are always concluded, which must reflect the legal framework of the respective transaction as accurately as possible. Regarding international contracts, German companies need an experienced and competent law firm that not only has comprehensive knowledge of cross-border transactions, but also has profound experience in Moroccan law.

Contract and claims management for your contracts with Moroccan business partners

If a company from the DACH region maintains contractual relations with a trading partner from Morocco, it is almost always necessary to continuously review the contractual basis and, if necessary, adapt it to changing conditions. For example, there may be a need for renegotiation, if a new circumstance is only partially covered or not comprehensively covered by the regulations agreed in the contract. It is also necessary to constantly check whether contractual obligations are being met and whether it may be necessary to extend an expiring contract. These tasks are covered by contract management. If contract management is taken over by a law firm qualified for this purpose, such as Alexander & Partner, the clients benefit from the possibility to seek immediate expert advice in case of legal questions.

As a competent and expert law firm for international commercial law, we are happy to take on claims management for you in addition to your contract management, i.e. the assertion of overdue claims against your Moroccan contractual partner and the defense against unjustified claims by the other side.

International Arbitration/Arbitration and Conflict Resolution

As a rule of thumb, an arbitration clause (including a mediation clause if necessary) should be agreed upon in contracts with Moroccan private law contracting parties to avoid having to rely on the Moroccan state courts in the event of legal disputes. The International Chamber of Commerce in Paris (ICC), for example, is a suitable arbitration institution.

If legal conflicts arise in the context of a public contract or a project with a state contracting authority in Morocco, the conflict resolution mechanisms provided for in the German-Moroccan Investment Protection Agreement may apply. In this case, we are dealing with investment disputes, which, if necessary, are settled before an ICSID arbitration tribunal.

In both investment arbitration under ICSID and commercial arbitration, dispute resolution takes place before experts who are very well versed in the respective subject matter and are interested in a quick but effective resolution of the dispute. Therefore arbitration offers the following advantages:

• Conflicts can be resolved quickly.
• Conflict resolution is often less costly.
• The referees are experts.
• Confidentiality can be agreed.

We provide detailed advice on distribution agreements

Distribution agreements are essential for companies that are active in international trade and want to distribute their products internationally. However, companies from Germany must bear in mind that German law does not automatically apply to cross-border distribution agreements. We advise our clients in detail on this topic and draft contracts that take into account the transnational character of the business relationship and protect our clients’ interests in the best possible way, even in an international context.

Project financing: So that your project remains profitable

At the beginning of every new project is the question of financing. Therefore, clients must always think about the appropriate project financing, which is regulated within the framework of complex financing agreements. Here we advise our clients not only with the necessary legal know-how, but also with economic expertise. As lawyers specialising in international business law, we not only keep an eye on the legal issues, but also consider the economic aspects of the project.

Starting a business in Morocco and more

Should clients decide not only to maintain business relations with Morocco, but to become directly active in the country by setting up a company, there is a need for comprehensive legal advice, which also includes Moroccan law. We can provide this advice since our experts have been dealing with issues of Moroccan business law for a long time while some of them have worked in Morocco themselves. With the help of our strong legal knowledge your establishment will be built on a solid foundation. Furthermore, we advise in detail on:

• Moroccan labour law
• Moroccan property law
• Moroccan commercial law
• Moroccan payment and foreign exchange law

Ongoing advice on Moroccan law

We are happy to advise you after the start-up phase and, together with our local partners, are reliably at your side when it comes to representing your legal interests locally.