طرق الطعن في أحكام التحكيم التجاري الدولي

Abstract EN

The Algerian legislator has distinguished, as regards recourse against international commercial arbitration rulings, between the judgment rendered in Algeria and the judgment rendered abroad.

Apparently, it is understood that it allows the action for annulment in the first and prevents any form of recourse in the second.

However, a perceptive reading of the texts regulating the recourses against international arbitration rulings in the Code of Civil and Administrative Procedure shows that this distinction is limited to the recourse itself, and not to the objective of the recourse which consists in reviewing the arbitral award whether it is rendered in Algeria, as provided for in article 1058, or abroad, as is understood in cases of legality of appeal of decisions relating to the recognition and enforcement provided for in Article 1056, all of which relating to defects in the arbitral award; which means that the control applies to the arbitral award and not to the decisions referred to above.