تسوية منازعات الاستثمار الأجنبي في الجزائر بين ولاية القضاء الوطني والتحكيم التجاري الدولي

الملخص EN

The Algerian legislator has empowered the national judiciary to adjudicate disputes arising from foreign investment contracts, according to the power granted to him constitutionally, which is granted to him in addition to adjudicating the dispute before him; protection of the foreign investment project established in Algeria during and after the conflict, given the critical importance of the latter and its impact on the national economy, and granting the parties to this contract the freedom to resort to methods other than the judiciary in order to resolve the existing dispute, similar to the method of international commercial arbitration, which is characterized as an alternative judicial system with several advantages that make the dispute quick and smooth, according to the will of the parties, and thus the study aims to clarify the role of both the judiciary and arbitration in settling the investment dispute in Algerian legislation, as well as the procedures followed before each of them, based on the problematic of the adequacy of the rules objective and procedural monitored by the Algerian legislator to regulate the foreign investment dispute, as required that maintains the stability of the completed projects, and work to increase the flow of more of them.