Professor Ali Kairouani
Ali Kairouani is Professor of International Law and arbitration at Mohammed V University in Rabat, Morocco. He has also taught at the EGE of Mohammed VI Polytechnic University and at the International University of Rabat. Between 2021 and 2024, he taught in the New Trends in International Law Masters programme at Hassan II University in Casablanca. He was a guest lecturer at the Palermo University Italy (2025), at ESAMI Trapca in Arusha (2024), at the African Development University in Niger (2023), at Ho Chi Minh University in Vietnam (2023) and at the Canadian Congress of International Law (2021). He continues to specialise in international Economic Law.
He is an arbitrator within African continental Free Trade area and the African Court of International Arbitration and Mediation. He is also legal advisor to several public and private entities in the negotiation of investment treaties and contracts. He is an expert in the Task Force in charge to review the AfCFTA agreement. He is author of the Book “Morocco and International Investment Law” French released in 2024 Luxembourg. He is an author in 2024 of the article “Divergence and Convergence between AfCFTA and RCEP under the reform of the IIA and ISDS system” in International Business Law Journal. He is also the author in 2023 of the Chapter “How do arbitrators interpret international Treaties?” in Applicable Law issues of International Arbitration, Brill 2023, Hague Academy of International Law.
Practice Area
Panel
- Contributing Author
Qualified Year
- 2012
Experience
- University of Rouen in France (2006 - 2012)
- Mohammed VI University polytechnic (2015 - 2016)
- Mohammed V University in Rabat (2016 - 2025)
- International University of Rabat (2014 - 2015)
Membership
- African Society of International Law
- African Society of Community Law
- African Court of Arbitration and Mediation
Qualifications
- Bachelor in Public International Law (2005)
- Master’s Degree in Comparative and International Law (2006)
- Phd in International Economic Law (2012)
Education
- Hassan II University in Casablanca (2005)
- University of Rouen in France (2006)
- University of Rouen in France (2012)
2 Contributions by Ali Kairouani
PRACTICE NOTES
Enforcing International Arbitral Awards in Morocco: procedure, exequatur, grounds to resist, setting aside and appeals, and interim measures under Law 95-17 (2022) and the New York Convention
Summary of enforcing arbitration awards in Morocco
Morocco has been a signatory to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards since 1959.
The July 2011 Constitution states in its preamble that duly ratified international conventions, even without reciprocity, take precedence over domestic legislation.
The Dahir (Royal Decree) no. 1-22-34 of 23 Chaoual 1443 (9 December 2022) brought into force Law no. 95-17 on Arbitration and Mediation dated 24 May 2022 (the “new law”), repealing and replacing Law no. 08-05 of 30 September 2007 on arbitration.
Modelled on the UNCITRAL Model Law on International Commercial Arbitration and influenced by French law, the new law also integrates numerous solutions arising from the Moroccan Supreme Court’s arbitration case law. Key aspects include:
a defined separation between domestic and international arbitration;
an express authorisation for the State and public entities to engage in arbitration for both domestic and international disputes;
reduced formalities regarding the characterisation of the arbitration agreement; and
parties are now able to commence an...
Arbitration
PRACTICE NOTES
Morocco: State immunity and arbitral award enforcement - exequatur, execution limits over public domain assets, Finance Bill 2020 Article 9, and treatment of foreign States' immunity
This Practice Note considers the role of state immunity in relation to arbitration proceedings in Morocco
This Practice Note examines how state immunity interacts with arbitration in Morocco. For an introductory overview, see Practice Note: State immunity and arbitration—general considerations. For further jurisdictional materials worldwide (including England and Wales), refer to our ‘State immunity’ subtopic: State immunity and arbitration—overview.
Absolute immunity of the Moroccan State property located on its own territory and its limits
In civil law traditions, two principal currents exist regarding public entities and enforcement:
One view supports absolute immunity for public bodies (jure imperii), even in commercial dealings or routine activities.
The other, more liberal, allows enforcement against the assets of legal entities engaged in trade and industry (jure gestionis).
These positions turn on whether sovereign immunity is interpreted ‘restrictively’ or ‘extensively’ within public international law. Morocco’s framework on enforcement against legal entities reflects the latter approach. That said, in Morocco, it is firmly accepted that the Moroccan State benefits from absolute immunity from enforcement. The Moroccan Code of Civil Procedure does not cite State assets within the list of property exempt...
Arbitration
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