التحكيم والمحكمين في النقل البحري بين الإلزام والاختيار

Abstract EN

The problem of research revolves around the extent to which the parties to the maritime transport contract of goods are free to choose the arbitrators in the event of an agreement on arbitration to resolve the existing disputes or that may arise due to this contract.

resorting to the judiciary to appoint them, and equality between the parties in appointing arbitrators, except in the case of the parties not being equal in number when there is a plurality of plaintiffs or defendants, as jurisprudence and the judiciary differ in how to appoint arbitrators.

the Algerian legislator took this, leaving the parties free to appoint arbitrators, and when this is not possible, the appointment is made through the judiciary, but he did not address the issue of appointing arbitrators in the case of multiple plaintiffs or defendants, which are problems that the Algerian legislator had to solve.