التحكيم الالكتروني في مجال الصفقات العمومية

Abstract EN

This study deals with the issue of electronic arbitration, as an exceptional way alternative to the judiciary, to resolve disputes in the field of public procurement in an amicable manner, through modern means of communication and information.

This method is characterized by speed, confidentiality in the procedures and does not require the physical presence of the parties to the conflict.

The study aims to highlight the position of the Algerian legislator on this method of settling disputes resulting from public procurement and the extent of its effectiveness.

After a complete rejection of the idea of resorting to arbitration in this field, he explicitly authorized it in Law No.

08-09 containing the amended and completed Civil and Administrative Procedures Law, then implicitly authorized electronic arbitration through the text On the electronic exchange of information in Presidential Decree No.

15-147 containing the regulation of procurement and authorizations of the public utility, however, he restricted this by completely excluding some issues from the permissibility of resorting to arbitration regarding them, and leaving the settlement of them either by amicable means through the competent friendly settlement committees or Appeal against it before the competent public procurement committees, or by resorting to the administrative court.