دور القاضي الجزائري في التحكيم التجاري الدولي

Abstract EN

In general, economic operators prefer to have recourse to the international commercial arbitration, thus aiming the advantages that it provides them - compared to State justice - as regards to speed, confidentiality, simplicity of proceedings, choice of referees, or to the applicable law.

However; the recourse to the international commercial arbitration does not completely exempt the arbitration litigation from state jurisdiction, since the judge intervenes in the course of the arbitration action, to supplement the lack of command authority “imperium” which the arbitration presents.

This intervention can take place through three roles; the first is a role of assistance during the constitution of the arbitration court or the presentation of evidence.

The second is a corresponding role as regards the temporary measures and precautionary procedures.

Lastly, the official judge plays the role of control, and it is the most crucial role which is exerted in the event of disqualification of the referee, the execution of the arbitral award or at the time of the recourse exerted against this sentence.