Tia Investments Limited v. Kabbadj Mohamed, MK Holding, UPM Holding and ESIAGM

At a glance

Parties

Tia Investments Limited v. Kabbadj Mohamed, MK Holding, UPM Holding and ESIAGM

Case no.

Commercial Court of Appeal of Marrakech, No. 875/8101/2018

Court

Commercial Court of Appeal of Marrakech, Morocco

Forum and rules

Moroccan court proceeding on a foreign arbitral award; New York Convention of 10 June 1958 (Articles V and VI)

Outcome

Judgment of 31 December 2018. The published text cannot be read reliably, so the outcome cannot be stated.

The dispute

This is a judgment of the Commercial Court of Appeal of Marrakech, dated 31 December 2018, in a dispute between Tia Investments Limited and Kabbadj Mohamed, MK Holding, UPM Holding and ESIAGM. The case database lists it under Articles V and VI of the 1958 New York Convention, so it concerns the recognition or enforcement of an arbitral award in Morocco. The judgment is written in Arabic, and the published copy is a scan whose machine-read text is badly garbled. Some details can still be read. The appeal was brought against an order dated 1 August 2018 (No. 22401). The judgment cites the New York Convention of 10 June 1958 and provisions of Moroccan law on arbitration, including Articles 327-39 and 327-46. The parties' arguments and the court's reasoning cannot be read reliably.

Key holdings

1. The judgment refers to the New York Convention of 10 June 1958 and to Moroccan arbitration provisions (Articles 327-39 and 327-46) when ruling on the appeal against the order of 1 August 2018. The garbled text does not show the court's operative ruling. pp. 7–9

Procedural history

1. 1 August 2018First-instance order No. 22401 is issued. It is the order under appeal.
2. 31 December 2018The Commercial Court of Appeal of Marrakech gives judgment in case No. 875/8101/2018.

Keywords

• New York Convention
• Article V
• Article VI
• recognition and enforcement
• foreign arbitral award
• Morocco
• Marrakech
• Commercial Court of Appeal
• exequatur
• MK Holding
• UPM Holding
• ESIAGM

Summary generated with AI from the published documents — refer to the award for the authoritative text.