طرق تشكيل المحكمة التحكيمية في ظل القانون الإجراءات المدنية و الإدارية الجزائري

الملخص EN

The idea of arbitation is based on the trust placed on the arbitraltribunal in terms of experience and integrity and its ability to resolve the dispute through a fair legal solution.

the algerian legislator therefore authorised the parties to the agreement full freedom to choose arbitrators and not impose any restrictions on them except that the number must be a stringand acceptance by the arbitrator of the task entrusted to him, however the selection of members of the parties to the arbitration body may not be achieved at all circumstances, they may not agree to appoint an arbitrator, specially if he is an individual or if one side is failing in appointing an arbitrator to apoint an alternate when isolating him, or step down, or his death.

In all cases the algerian legislator authorised the judicial authority of the original competence of the intervention to appoint the arbitration board or one of its members when necessary to face the situation and for the saving the arbitration agreement, knowing that this intervention is not random but at the request of either party.

therefore, the aim of judicial intervention is to provide assistance to the parties in order to form an arbitraltribunal and not settle the dispute in its place.