Arbitration Law in Algeria
Arbitration Law in Algeria
Arbitration in Algeria is governed by the Algerian Code of Civil and Administrative Procedure (CCAP, 2008, as amended) and aligns with international arbitration standards. Below is an overview of Algeria’s arbitration framework:
1. Legal Framework
- Algerian Code of Civil and Administrative Procedure (CCAP, 2008):
- Governs domestic and international arbitration.
- Defines arbitration agreements, arbitral procedures, and enforcement of awards.
- New York Convention (1958):
- Algeria is a signatory, ensuring the recognition and enforcement of foreign arbitral awards.
- OHADA Treaty:
- Algeria is not a member, but it observes regional arbitration trends.
- Bilateral Investment Treaties (BITs):
- Algeria has signed multiple BITs that allow arbitration in investor-state disputes.
2. Key Features of Arbitration in Algeria
- Arbitration Agreement:
- Must be in writing.
- Can be included in contracts or as a separate agreement.
- Party Autonomy:
- Parties can choose arbitrators, arbitration rules, and procedural frameworks.
- Arbitral Tribunal:
- Can consist of one or more arbitrators.
- If parties fail to agree, courts may appoint arbitrators.
- Judicial Supervision:
- Algerian courts have a supervisory role but generally do not interfere unless required by law.
- Confidentiality:
- Arbitration proceedings are private, ensuring discretion.
3. Enforcement of Arbitral Awards
- Domestic Awards:
- Enforced by Algerian courts unless they contradict public policy.
- Foreign Awards:
- Recognized and enforced under the New York Convention, subject to certain conditions (e.g., compatibility with Algerian public order).
4. Arbitration Institutions in Algeria
- Algerian Chamber of Commerce and Industry (CACI) Arbitration Centre:
- Handles commercial disputes and international arbitration.
- Ad Hoc Arbitration:
- Parties may choose their own arbitration rules instead of institutional arbitration.
5. Challenges and Considerations
- Judicial Intervention Risks:
- Courts may have discretionary power over arbitration matters.
- Public Policy Exceptions:
- Foreign awards may be denied enforcement if they violate Algerian public policy.
- Limited Awareness and Use:
- Arbitration is not as widely used as litigation in Algeria.
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