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In: Economics

ABC Corp (a French company) signed a contract with XYZ Co (a Moroccan company) that contains...

ABC Corp (a French company) signed a contract with XYZ Co (a Moroccan company) that contains the following clause:

"Any dispute between the parties that is not settled amicably within 30 days shall be finally settled through arbitration in accordance with the rules of the ICC. The location of the arbitration shall be Paris, France and the language shall be French."  

ABC pursued XYZ for breach of contract and was awarded damages by the arbitration tribunal in the amount of 10.000 dirhams. Can ABC go to court in Morocco to enforce the arbitration award?  

Solutions

Expert Solution

To know the answer of this question you need to understand what actually is the meaning of arbitration Award.

Arbitration award: Arbitration Award is given by the arbitrtion tribunal that is it is a group of judges who resolve or settle the dispute by the method of arbitration. it is referred as award where all the claims fail and there is no need to pay moeny by any of the disputing parties or we an say that it is the award of non-monetary value.

in the question given that the ABC pursued XYZ for breach of contract and was awarded damages by the arbitration tribunal in the amount of 10.000 dirhams. So, If the XYZ is ready to pay the amount voluntarily to ABC company as the judgement given by Arbitration tribunal. Then there will be no need to go Morocco to enforce for arbitration award but if the company doesn't agree to pay the amount so the ABC company can definitely go to Morocco to enforce the arbitration award. Arbitration award can be entered as the judgement in any federal or state court jurisdiction which means that the court can enforce it like any other court judgement.

Rahul Sunny answered 2 years ago
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