Challenges of the Supreme Court's Review of the Application and Interpretation of Foreign Law

The paper examines difficulties that arise when Moroccan courts apply foreign law under conflict‑of‑laws rules and the extent to which the Supreme Council may review that application and interpretation. It discusses whether foreign law should be treated as law or as fact for purposes of proof and appellate control, the allocation of the burden of establishing its content, and the risks of inconsistent outcomes. The author analyzes the boundary between the trial judge’s discretion and higher‑court oversight, particularly when interpretation errors affect the legality of the judgment. The article concludes by suggesting clearer standards for proving foreign law and for defining the scope of cassation review in private international law disputes.