A study day entitled: “International Commercial Arbitration” in the Judicial Council of Algiers – Al-Hiwar Al-Jazaeryia

Today, Sunday, the lecture hall of the Algerian Judicial Council hosted an international forum entitled “International Commercial Arbitration”, which is a pioneering mechanism in resolving international disputes.

The importance of international arbitration lies in resolving the dispute quickly and professionally, more than the speed of litigation before traditional courts, due to the limited number of appeals from arbitration decisions.
International arbitration can also be less expensive than traditional litigation, and provide better fairness.
And clients can play an active role in selecting an arbitrator who is an expert in international arbitration, rather than a specialist like many local court judges.
In addition to being flexible, parties to a dispute play an important role in choosing the most appropriate procedure for resolving their international dispute, and deciding whether to include procedures such as the production of documents.

For reference, international arbitration can be confidential and impartial, which is useful, if both parties wish to continue their business relationship or avoid negative publicity.

How do we determine the type of arbitration, internal or international?

In his intervention, Mr. Bujalti stated that there are criteria for determining the dispute. Is it subject to international or internal arbitration? He explained that the nationality of the parties and the nationality of the capital indicate that the contractual relationship is subject to international arbitration.

He also stressed that the economic interests of states must be in accordance with the law. Despite the independence of international arbitration, international legislation granted national law the right to intervene in the privacy of the dispute.

For his part, Professor Belkacem (an expert in the International Chamber of Commerce) confirmed that the culture of international arbitration is absent in Algeria, and that there is almost no resort to this type of arbitration. Despite its importance at the level of individuals and institutions.