المنازعة البحرية عن طريق نوادي الحماية والتعويض

Abstract

                                  This article examines the role of Protection and Indemnity (P&I) Clubs in resolving maritime disputes, focusing on mechanisms for lifting conservatory ship arrests under Moroccan and international law. It traces the historical evolution of these clubs since the abolition of the marine insurance monopoly in 1824, highlighting their non-profit mutual structure and coverage of diverse maritime liabilities. The study details the clubs’ operations through accredited correspondents in Morocco (DEFMAR, PANDI MAROC, MACLAIMS) and critically analyzes Article 110 of the Moroccan Maritime Commercial Code, particularly the discretionary nature of counter-guarantees from the arresting party. Through the MV PNOI case (2022), it confirms the validity of depositing guarantees in a court other than the issuing one under the "unity of the fund" principle. The article concludes with a legislative recommendation to mandate counter-guarantees to curb abusive arrests, thereby enhancing the attractiveness of Moroccan ports.