Arbitration in Algerian law

What are the areas in which arbitration can intervene?

     With the exception of matters concerning public order, status, and capacity of individuals, any person may resort to arbitration for a dispute concerning rights over which they have free disposal (Art. 1006 of the Code of Civil and Administrative Procedures). However, despite being a very ancient form of conflict resolution, arbitration mainly intervenes in the commercial domain, specifically in international trade. In this regard, Algeria has ratified the two main international conventions on arbitration: the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958) and the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (1965).

How does arbitration proceed?

     The recourse to arbitration is decided by the parties based on:

• An arbitration clause included in a contract binding two parties;
• An agreement to arbitrate between the parties in dispute.

     The arbitration agreement or clause specifies the subject matter of the dispute and the name(s) of the arbitrator(s) or their method of appointment. The arbitrator decides based on the applicable law and the contractual obligations of the parties. Once rendered, the arbitral award, similar to a judgment, has the authority of res judicata with regard to the dispute it settles and will be made enforceable by order of the president of the court within the jurisdiction in which it was rendered. The arbitral award is subject to appeal within one month before the court of justice.