Our “Litigation” department handles corporate and commercial disputes that may have an impact on the activity of our clients, both as plaintiffs and defendants, before the competent commercial courts throughout Morocco:
ADR & Litigation
Business litigation
CORPORATE LITIGATION
- Disputes related to the acquisition/sale of a company (payment of the sale price or earn-out, application of earn-out clauses, activation of ALM, nullity of sale agreements due to fraud, or activation of legal guarantees);
- Disputes between partners / shareholders;
- Litigation concerning managers (actions for civil liability of corporate officers, actions to make up for insufficient assets, defence in criminal proceedings arising from the manager’s actions committed in the performance of his duties).
COMMERCIAL AND CONTRACTUAL DISPUTES
- Disputes relating to commercial contracts;
- Litigation relating to commercial leases.
COMPETITION & ANTITRUST LITIGATION
- Private actions for compensation for anti-competitive damage;
- Litigation relating to restrictive practices (abrupt termination of established commercial relations, commercial negotiations, etc.);
- Litigation in distribution law.
COLLECTION LITIGATION
- Audit of invoices and General terms and conditions of sale to ensure efficient collection;
- Sending of formal notices;
- Order for payment procedures;
- Payment summons;
- Precautionary measures to secure claims;
- Enforcement measures.
Arbitration & Mediation
What is mediation?
Mediation is an amicable, voluntary and confidential process of dispute resolution.
The objective: to propose to the parties in conflict the intervention of an independent and impartial third party trained in mediation, which helps them to reach a negotiated solution and, in any case, in conformity with their respective interests, putting an end to the litigation by a transactional formula. (Article 1098 of the Moroccan Code of obligations and contracts).
The mediator is neither a judge nor an arbitrator, but rather a “facilitator” whose mission is to open negotiations between the parties, in order to help them find a solution to their dispute themselves. The mediator’s role is not to decide the dispute or to provide a solution.
Some advantages of mediation
- Saves time
- Controlled cost
- Confidentiality of all discussions and the agreement reached
- Preservation of the relationship between the parties
- Creativity of the solutions
- Total control of the solution by the parties
- Facilitation of communication and social dialogue in companies
- Suspension of prescription periods
Areas of application of mediation
Whether it is for conflicts encountered with a co-contractor (a supplier, a service provider, a customer, a franchisee, etc.), internal conflicts within the company, or collective conflicts, mediation offers solutions in many areas.
Hamzi Law Firm offers 3 main types of mediation:
- Inter-company mediation (conflicts between companies)
- Intra-company mediation (conflicts in social law)
- Intercultural co-mediation (conflict between two companies of different nationalities)
For each of its fields of application, mediation can be implemented :
- conventionally: it is initiated by the parties themselves spontaneously when the dispute arises or because a mediation clause has been inserted in the contract binding them
- or judicially: it is then ordered by the civil or commercial judge, on his own initiative and with the agreement of the parties or at the request of the parties or their counsel.
Maître Zineb Idrissia Hamzi is a mediator approved by the Mediation and Arbitration Center of Paris.
She is a member of the Scientific Council of the Mediation and Arbitration Center of the Franco-Arab Chamber of Commerce.
Maître Patrice Mouchon is an accredited mediator by the Institute of Expertise, Arbitration and Mediation in Paris. He is also President of the Mediation and Arbitration Center of the Franco-Arab Chamber of Commerce.
They are specialists in intercultural co-mediation, and advise and guide companies in mediation.