أسباب استئناف أوامر منح الاعتراف أو التنفيذ لأحكام التحكيم الدولي

Abstract EN

The Algerian legislator gave to the party against whom we want to invoke or to apply the provisions of international arbitration issued outside Algeria, the right to challenge orders that have recognition of executing on the Algerian territory, by appealing them, but he limited the reasons in six cases referring to Article 1056 of the Civil and Administrative Procedures Law.

In parallel with reference to Article 5 of the New York Convention of 1958, ratified by Algeria, we can observe that this article defined a specific reasons for refusing or recognizing the implementation of the provisions of the international arbitration, these reasons cannot be invoked in front of the Algerian courts, only on the occasion of challenging of orders which have recognition of executing on the Algerian territory, this raises the question about the extent of harmony between these two articles, and how to determine the reasons that we can rely on, to invoke the right to challenge orders of recognition or to implement the provisions of international arbitration, in front of Algerian courts.