International Commercial Arbitration at Algeria
International Commercial Arbitration in Algeria
1. Legal Framework
Algeria’s arbitration regime is governed primarily by:
Ordinance No. 03-03 of June 19, 2003, on arbitration, which governs both domestic and international arbitration.
The Code of Civil and Administrative Procedure (CCAP) contains provisions related to arbitration.
Algeria is a party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958), facilitating enforcement of international arbitration awards.
2. Scope and Application
The 2003 Arbitration Ordinance regulates both domestic and international commercial arbitration.
The law applies to disputes arising from commercial relationships where parties agree to arbitration.
Parties can freely determine procedural rules, appoint arbitrators, and decide on the place and language of arbitration.
3. Key Features
Arbitration Agreement: Must be in writing; parties must expressly agree to submit disputes to arbitration.
Arbitral Tribunal: Parties typically appoint arbitrators; the courts intervene only if parties fail to agree.
Procedural Autonomy: The arbitral tribunal has broad discretion to determine procedures, evidence, and hearings, respecting due process.
Interim Measures: Courts may grant interim relief to support arbitration proceedings.
Recognition and Enforcement: Algerian courts recognize and enforce both domestic and foreign arbitral awards under the New York Convention, except under limited grounds such as violation of public order or invalid arbitration agreement.
Limited Judicial Intervention: Courts intervene only in matters like appointing arbitrators (when parties fail), setting aside awards, and enforcing awards.
4. Arbitral Institutions
Algeria does not have a widely recognized domestic arbitral institution for international commercial disputes.
Parties often rely on ad hoc arbitration or refer disputes to international institutions such as the ICC (International Chamber of Commerce) or LCIA (London Court of International Arbitration).
5. International Treaties and Memberships
Algeria’s accession to the New York Convention (1996) facilitates recognition and enforcement of international arbitral awards.
Algeria is also a party to other international agreements supporting arbitration and dispute resolution.
Summary
Algeria’s legal framework supports international commercial arbitration by providing:
A modern arbitration law based on international standards,
Broad party autonomy and procedural flexibility,
Judicial support limited to essential interventions,
Enforcement of foreign arbitral awards in line with the New York Convention.
This framework positions Algeria as a jurisdiction where international commercial arbitration can be effectively conducted and enforced.
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