التسوية الودية للنزاعات الناتجة عن تنفيذ الصفقات العمومية في ظل المرسوم الرئاسي 15 247

الملخص EN

Presidential Decree n° 15-247 dictates the terms of amicable settlement of disputes regarding procurement contracts, by putting in place various mechanisms, in relation to the disputes of the execution of procurement contracts, both local and international.

In case of a local procurement contract issue, parties agree to an amicable resolution, by taking into account the applicable legislative and regulatory provisions.

If they do not agree, they shall submit the dispute to the Committee for Amicable Settlement of Disputes.

In case of an international procurement contract, international arbitration must be agreed upon, based on the proposal of the Minister in question, and the approval of the government.

The conflict can be presented to the authorities in charge of regulating public transactions and mandates of the General Annex.

The interest in amicable settlement of disputes, regarding procurement contracts, is explained by the Algerian lawmaker’s will to find the quickest, most cost-effective solution possible to the conflict.

An amicable agreement would then ensure the completion of the deal, within the allocated timeframe, as procurement contract are an important means of national development, on the one hand, and are relevant to public funds, on the other hand.