الوصاية القضائية على العملية التحكيمية على ضوء قانون الإجراءات المدنية والإدارية الجزائري

الملخص EN

The development of the global economic system has required countries to adopt legislation characterized by openness and flexibility, opening the way for individual initiatives, establishing projects, and receiving investors, in a step towards unifying the laws that regulate the economic field..

Algeria, like other countries, adopted this approach and introduced fundamental amendments to its internal legislation after adopting liberalism since the end of the 1980s.

among these legislations is the code of civil and administrative procedures, especially the part related to the adoption of arbitration as an alternative way to resolve disputes through the judiciary, both internal and international, and this is an indication.

on the seriousness of openness to foreign markets in a desire to harmonize with comparative laws in the economic field and create opportunities for partnerships, economic cooperation and exchange.

arbitration is known as a private court that issues rulings in the name of justice, in which contractual freedom is given a great deal, guaranteeing legal and judicial security, provided that it is permitted by law and explicitly chosen by the contracting parties in the arbitration agreement.

although the primary purpose of resorting to arbitration is to exclude the national judiciary, the latter exercises a kind of guardianship not only as a monitor and examiner of the proper application of the law to the dispute and the subject of the dispute when requesting recognition and implementation after the issuance of the arbitral award, but even during the arbitration process.

starting from the formation of the arbitration court until the issuance of the arbitration award.

the research aims to shed light on cases of judicial intervention in the arbitration process, with an analysis of the texts and arriving at results included in the conclusion of the research.