التحكيم في مجال الصفقات العمومية في ظل القانون الجزائري

Abstract EN

By virtue of the ordinance n° 154-66 relating to the code of civil procedure, repealing a general rule which prohibits public legal entities from resorting to arbitration, and after the publication of the law n° 08-09 relating to the code of procedure civil and administrative, it has been stipulated that public legal entities can resort to arbitration in the field of public procurement.

however, the Algerian legislator did not precisely define the public legal persons likely to resort to arbitration, and we recorded a conflict in this regard in certain articles.

it should be noted that arbitration is one of the most important alternative methods to resolve disputes due to its characteristics and speed in dispute settlement procedures, whether the arbitration is domestic or international, unlike what is decided in contentious proceedings before the judicial authorities, which are characterized by the length of the dispute.

this is reflected negatively on public markets due to their specificity.