Morocco

Morocco

NO. Year of initiation Short case name Full case name Applicable IIA Arbitral rules Administering institution Summary Details of investment Outcome of original proceedings Respondent State Home State of investor Economic sector Economic subsector Arbitrators Amount claimed Amount awarded (or settled for) Breaches alleged Breaches found Decisions Individual opinions Follow-on proceeding type Follow-on proceeding status Follow-on decisions Follow-on individual opinions ICSID annulment committee members
1 2022 Comervi v. Morocco Comercializadora Mediterránea de Viviendas S.L. v. Kingdom of Morocco (ICSID Case No. ARB/22/17) Morocco - Spain BIT (1997) ICSID ICSID Investment: Investments in urban development projects, including the construction of residential buildings at the outskirts of Rabat and Tangier.

Summary: Claims arising out the Government’s alleged failure to provide the necessary facilities and infrastructure in the areas of the claimant’s residential construction projects near Rabat, as well as Government authorities’ administrative inaction related to a real estate project in Tangier.
Investments in urban development projects, including the construction of residential buildings at the outskirts of Rabat and Tangier. Pending Morocco Spain Tertiary: F - Construction

Tertiary: L - Real estate activities
41 - Construction of buildings

68 - Real estate activities
Riofrio Piché, M. - President

Pierola Castro, N. F. - Claimant

Tanzi, A. M. - Respondent
407.00 mln EUR (429.60 mln USD) Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Arbitrary, unreasonable and/or discriminatory measures

Full protection and security, or similar

Umbrella clause

Indirect expropriation
Pending Data not available Data not available None None None None None
2 2021 Finetis v. Morocco Finetis SARL and Finetis Maroc SA v. Kingdom of Morocco (ICSID Case No. ARB/21/44) France - Morocco BIT (1996) ICSID ICSID Investment: Investments in the construction and operation of a high-speed telecommunications infrastructure.

Summary:
Investments in the construction and operation of a high-speed telecommunications infrastructure. Pending Morocco France Tertiary: J - Information and communication 61 - Telecommunications Hanotiau, B. - President

Mantilla-Serrano, F. - Claimant

Boisson de Chazournes, L. - Respondent
Data not available Data not available Data not available Pending Data not available Data not available None None None None None
3 2019 Impresa Pizzarotti v. Morocco Impresa Pizzarotti & C. S.p.A. v. Kingdom of Morocco (ICSID Case No. ARB/19/14) Italy - Morocco BIT (1990) ICSID ICSID Investment: Investments in the construction of a road tunnel in Rabat as part of a joint venture (Pizzarotti & Alpi De Co).

Summary: Claims arising out of a Government agency’s alleged failure to pay the claimant the full amounts for the completed construction of the Oudayas tunnel in 2011 and to compensate the claimant for undue penalties imposed for construction delays. According to the claimant, the project time and costs increased due to the agency’s misrepresentation of the project during the international tender process.
Investments in the construction of a road tunnel in Rabat as part of a joint venture (Pizzarotti & Alpi De Co). Settled Morocco Italy Tertiary: F - Construction 42 - Civil engineering Rosell, J. - President

Brower, C. N. - Claimant

Heiskanen, V. - Respondent
50.00 mln EUR (55.80 mln USD) Data not available Data not available Not applicable - settled or discontinued before decision on liability Order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1) dated 17 May 2021 None None None None None None
4 2019 Scholz Holding v. Morocco Scholz Holding GmbH v. Kingdom of Morocco (ICSID Case No. ARB/19/2) Germany - Morocco BIT (2001) ICSID ICSID Investment: Shareholding of 60 per cent in a local subsidiary, Scholz Metall Marokko S.A.R.L., processing scrap metal for export in Skhirat, north of Casablanca.

Summary: Claims arising out of the Government’s alleged ban on the export of processed scrap metal to the EU and a ban on the import of certain steel, allegedly targeting the steel processing operations of the claimant’s local subsidiary in favour of a local competitor.
Shareholding of 60 per cent in a local subsidiary, Scholz Metall Marokko S.A.R.L., processing scrap metal for export in Skhirat, north of Casablanca. Decided in favour of State Morocco Germany Secondary: C - Manufacturing 24 - Manufacture of basic metals Mourre, A. - President

Ziadé, N. - Claimant

Douglas, Z. - Respondent
60.00 mln EUR (68.30 mln USD) Data not available Data not available None - all claims dismissed at the merits stage Decision on Jurisdiction dated 15 July 2020

Award dated 1 August 2022
None None None None None None
5 2018 Corral v. Morocco Corral Morocco Holdings AB v. Kingdom of Morocco (ICSID Case No. ARB/18/7) Morocco - Sweden BIT (1990) ICSID ICSID Investment: 67% shareholding in Société Anonyme Marocaine de l'Industrie du Raffinage (SAMIR), a local oil refinery and storage company.

Summary: Claims arising out of the alleged unfair treatment of SAMIR, a local company majority owned by the claimant, including the seizure of its bank accounts and the prevention of oil tankers from docking and unloading cargo.
67% shareholding in Société Anonyme Marocaine de l'Industrie du Raffinage (SAMIR), a local oil refinery and storage company. Pending Morocco Sweden Secondary: C - Manufacturing 19 - Manufacture of coke and refined petroleum products Radicati di Brozolo, L. - President

Smit, R. H. - Claimant

Malintoppi, L. - Respondent
Data not available Data not available Data not available Pending None None None None None None None
6 2018 The Carlyle Group and others v. Morocco Carlyle Commodity Management L.L.C., Carlyle Investment Management L.L.C., Celadon Commodities Fund LP and others v. Kingdom of Morocco (ICSID Case No. ARB/18/29) Morocco - United States FTA (2004) ICSID ICSID Investment:

Summary: Claims arising out of the Government’s alleged seizure of petroleum products stored at the oil refinery Société Anonyme Marocaine de l'Industrie du Raffinage (SAMIR), including oil owned by the claimants. The Government halted production at the plant and placed it under judicial liquidation controlled by trustees, allegedly due to the refinery’s financial difficulties and tax debt.
Settled Morocco United States of America Secondary: C - Manufacturing 19 - Manufacture of coke and refined petroleum products Grigera Naón, H. A. - Claimant

Wordsworth, S. - Respondent

Fernández-Armesto, J. - President
400.00 mln USD Data not available Data not available Not applicable - settled or discontinued before decision on liability Order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1) dated 14 September 2022 None None None None None None
7 2000 RFCC v. Morocco Consortium R.F.C.C. v. Kingdom of Morocco (ICSID Case No. ARB/00/6) Italy - Morocco BIT (1990) ICSID ICSID Investment: Concession contract for the construction of a specific section of a highway in Morocco.

Summary: Claims arising out of several events occurred before, during and after the performance of a concession contract granted to the claimant by public bid and signed by a State-owned company.
Concession contract for the construction of a specific section of a highway in Morocco. Decided in favour of State Morocco Italy Tertiary: F - Construction 42 - Civil engineering Briner, R. - President

Cremades, B. M. - Claimant

Fadlallah, I. - Respondent
337.60 mln MAD (36.70 mln USD) Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Most-favoured nation treatment

Arbitrary, unreasonable and/or discriminatory measures
None - all claims dismissed at the merits stage Decision on Jurisdiction dated 16 July 2001

Arbitration Award dated 22 December 2003
None ICSID annulment proceedings Award/decision upheld (ICSID annulment proceedings) Decision of the ad hoc Committee on the Application for Annulment of Consortium R.F.C.C. dated 18 January 2006 (ICSID annulment proceedings) None Hanotiau, B. - President

Fatouros, A. A. - Member

Berman, F. - Member
8 2000 Salini v. Morocco Salini Costruttori S.p.A. and Italstrade S.p.A. v. Kingdom of Morocco (ICSID Case No. ARB/00/4) Italy - Morocco BIT (1990) ICSID ICSID Investment: Public procurement agreement for highway construction.

Summary: Claims arising out of the non-payment of the contract price to the claimant in relation to a public procurement contract for the construction of a highway, which had been awarded to the investor through tender.
Public procurement agreement for highway construction. Settled Morocco Italy Tertiary: F - Construction 42 - Civil engineering Briner, R. - President

Cremades, B. M. - Claimant

Fadlallah, I. - Respondent
132639.00 mln ITL (62.40 mln USD) Data not available Data not available Not applicable - settled or discontinued before decision on liability Decision on Jurisdiction dated 23 July 2001

Order taking note of the discontinuance issued by the Tribunal dated 4 February 2004, pursuant to Arbitration Rule 43(1)
None None None None None None