فكرة النظام العام الدولي في التحكيم التجاري الدولي بالاستناد إلى قرارات المحكمة العليا بالجزائر

الملخص EN

We raise the idea of the international public order, with its flexibility and ambiguity, multiple problems in terms of interpreting its meaning or in terms of the application of the international commercial arbitrator, the rules of public order, and the limits of the judge's powers in controlling the judgments of international arbitrators.

As the importance of this study lies in defining the concept of the international public order and demonstrating the effectiveness of implementing its rules in the decisions issued by the arbitrators, in a way that secures the protection of public order from penetration, excluding laws that violate the values of society from application, we shed light through it on the idea of public order considering that it is not violated as a condition To recognize and enforce an international arbitration award.

The study concluded that the decisions issued by the Supreme Court in Algeria enshrine public order in controlling and implementing international commercial arbitration provisions, in a manner that enhances the status of international trade and does not prejudice Algeria's obligations towards ratified international conventions.